Behrndt & Nielsen
Our Attorneys help individuals and families throughout Orange County, California including: Aliso Viejo Anaheim Brea Buena Park Costa Mesa Cypress Dana Point Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Laguna Beach Laguna Hills Laguna Niguel Laguna Woods Lake Forest Los Alamitos Mission Viejo Newport Beach Orange Placentia Rancho Santa Margarita San Clemente City of San Juan Capistrano Santa Ana Seal Beach Stanton Tustin Villa Park Westminster Yorba Linda
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Paternity Suits

When unmarried domestic partners split up, or a couple give birth to a baby and need to sort out their rights and obligations, under California paternity law and Orange County custody codes they file a Complaint to Establish Parental Relations. There may be disagreements over custody and visitation as well as child support. In some cases one parent may not realize that a child has been born. In others there may be a dispute over who the father is, making it is necessary to begin a paternity suit to bring clarity to the situation and ensure that the child’s interests are protected.

A paternity suit is intended to determine the father of a child whose parents were not married when the child was born. Paternity is the legal determination of fatherhood that must be established before a court can order child support. Paternity also gives the child many rights, including child support, access to medical records, government benefits and more.

A woman can start the paperwork to establish paternity when they are still pregnant. If the father accepts paternity then a Declaration of Paternity can be filed with the local child support agency. If the person denies paternity, a genetic or paternity test can be ordered after the baby is born.

A paternity test is a DNA test that determines whether a man could be the biological father of a child. We all inherit our DNA (the genetic material) from our biological parents. A paternity test compares a child’s DNA pattern with that of the alleged father to check for evidence of this inheritance which is the most definitive proof of a biological relationship. Any man who is said to be the father of a child is entitled by California paternity law to a paternity DNA blood (or saliva) test to prove fatherhood. The alleged father is also entitled to legal counsel in such a proceeding before fatherhood can be adjudged or denied and California guideline child support set.

The result of a paternity test is either an exclusion (the alleged father is not the biological father), or an inclusion (the alleged father is considered the biological father). Once paternity has been established a paternity suit can be filed to address issues of custody, financial support, visitations and similar rights and obligations normally handled in divorce suits.

Both parties in a paternity suit will require the assistance of a qualified Orange County attorney in order to protect their interests in these proceedings, particularly if there are disagreements about the crucial issues of child support, custody, and visitation. An attorney can represent the parties in court and also provide general information about the precedents in family law which may come into play during the proceedings. A lawyer can also be useful in assisting the parties with any subsequent issues that may arise even after the formal paternity suit has been resolved.

If you have any questions about paternity suits in Orange County, California, please contact our attorneys today for a free evaluation.

Contact us online or call us at 714-835-4444.

Related Information
Child Support
Child Custody
Visitation Rights
Grandparents’ Rights
Palimony


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