Establishing Paternity in Newport Beach, CA
Seek Guidance From a Newport Beach Paternity Attorney
When a married couple or unmarried domestic partners end their relationship,
or any couple give birth to a baby and need to determine for various reasons,
their rights and obligations, under California codes and paternity law
they need to file a Complaint to Establish Parental Relations. This is
a legal action and is done in the California Superior Court. This is the
action which determines parenthood rights, custody, visitation, time-sharing
arrangements and establishes the rights and privileges of parenting to
the parties involved.
Any man who is said to be the father of a child is entitled, under California
law, to a paternity DNA blood or saliva test to prove or disprove fatherhood.
The man is also entitled to legal counsel in such a proceeding before
fatherhood is judged to be true or not and child support set. The state
recognizes both parents equally with regard to child custody and child
support and it is awarded on assessing a number of facts concerning each
party. The court will look at the parenting capabilities of both, physical
and mental health, ability to provide financially and emotionally as well
as environmentally for the child, to name a few.
If paternity is challenged by the father, it may not be resolved until
the child is born. At which time testing is done and if the child is already
born, temporary child support may be awarded during the time paternity
is factually established or denied by an order from the court. If the
man is found not to be the father, he is not obligated to offer child
support or be involved with child custody.
Voluntary Declaration of Paternity
Sometimes an individual will want to step forward and voluntarily sign
a Declaration of Paternity. This is filed with the court and the judge
can make orders for custody,
visitation, and support. It should be noted, however, there is something very important
associated with making a Voluntary Declaration of Paternity. Once the
paternity is established and the petition is recognized by the court,
it can be difficult or impossible to undo - even if blood tests later
show the father is not the parent of the child.
After establishing the parentage, each parent has an equal obligation to
support the child and an equal right to custody of the child. However, if a parent does
not meet the support obligation, the custodial parent, guardian, or local
children's support agency can ask the court to enforce the support
orders. If a parent violates the support order the judge is able to give
him or her, a fine of up to $1000 and 5 days in the county jail for each
Paternity is a serious matter - affecting your life forever. There are
many ramifications in choosing to seek paternity-either to prove or disprove
it. Whether the situation is a man who is unmarried but devoted and wanting
to claim the baby as his own, or is a case of a husband wanting to prove
that the unborn child his wife is carrying is not his, but a result of
her affair with another man, paternity is a life changing action.
Contact a Newport Beach paternity attorney for help in your case!