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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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