We can represent you during these alternative dispute resolutions to improve the odds of settling and avoiding an expensive court trial. Furthermore, in California, if the child's parents are married when he or she is born, the law presumes the husband is the father and the wife is the mother. Are the costs of pregnancy and childbirth shared between parents in a paternity case? Call us at (858) 486-9200 or use our contact form. Remember, in order for you and your child to take advantage of these benefits, you must have a parentage determination. Paternity case lawyer san diego california. Our family lawyers help with mediation and alternative dispute resolutions. Establishing paternity is essential for same-sex couples.
Simply having your name on a child's birth certificate does not mean you are the legal parent in the eyes of the court. A mother may decide to use an agency on child support services as provided for by the law. Paternity Rights Lawyers | San Diego. There are a number of cases in which paternity may be assumed. Get Help for Your Paternity Case in San Diego, CA. How to Get a Court-Ordered Paternity Test in California. After that, his name will automatically be appended in the birth certificate, and he is assumed to have responsibilities and rights to the minor, just like the mother.
The court can order parents named in the suit to take a DNA test. No matter what your connection to a paternity case may be, it is important that you have quality legal representation behind you from the start. In this case, the man in question would not have any parental rights, even if he were to accept the child into his home and openly hold out the child as his biological child. Each of our clients are special to us, and each of our cases unique and worthy of great effort and attention. Further, more documents will need to be completed if you have agreed to resolve issues related to paying child support and custody. The Summons – this requires the other parent to respond to the Petition. Paternity & DCSS Cases | San Diego Family Lawyer Joshua R. Mason. Paternity concerns the legal relationship of the father of a child and involves determining the biological father of the child. Not all cases move to the court phase, but in the event that litigation is required, our attorneys have the experience necessary to navigate the case from the first phase to the court phase. Then, we custom-tailor our legal services to pursue these goals. To do this, the court will order the woman to prove that the biological parent intended for the woman to be a parent to the child as well.
We create tailor-made solutions to fit the unique needs of every client and help them move forward favorably. A DNA test may be performed on all parties to determine whether the alleged father is related to the child. After the court orders for genetic testing to be conducted, they will then provide both parties with information on how to get a paternity test that is admissible in court. Once an action to establish paternity is taken to court, either the man presumed to be the child's father can voluntarily submit to a DNA test to prove or disprove paternity, or the court can order him to submit to the test. Keep in mind that any private testing must be done in accordance with the court order. Another parent may be suffering psychologically because they have been denied rights to a child they believe to be theirs. We will cover the ways in which one can establish paternity: - When parents are married. This is once the underage parents or parent becomes 18 years. Paternity can come into dispute when a father's name is not on a child's birth certificate, or when there is some question about whether the correct father's name is listed. Many families in San Diego are made up of married parents and their biological children, but not all families begin in this way, and there are times when it becomes necessary to legally establish the identity of a child's father for the benefit of the father, the mother or the child. Paternity case lawyer san diego zoo. The courts in San Diego Family Law Divisions are the only entities that can "adjudicate" a child's real, biological father. Parentage in California. Once paternity is legally determined, a judge will give a court order asserting the legal parents of the child. Certified Family Law Specialists (CFLS).
In order for California to have jurisdiction (the ability) to enter a paternity judgment, the child must be either conceived, born, or artificially inseminated within the state of California. Following service, the manner in which the case progresses depends on whether or not the other parent agrees with paternity. Certified California State Bar Specialist. San Diego Paternity Case Lawyers - Family Law. Child support is set by a "guideline" computer program formula, which looks most strongly on the incomes of the parties, the amount of time each parent spends with the child, the tax filing status, and whether either party has any appropriate "deductions" from their income such as other children or spousal support ordered payments and medical insurance. An experienced family lawyer can help you get your child the support they deserve or get you the rights to your child. Why Establishing Paternity Is Important. Another common difficulty arises when someone who is not the parent, but who has been acting in the role of parent for a significant period of time (in loco parentis), is seeking custody against a biological parent.
Not just any genetic test is acceptable as conclusive or admissible as evidence in court. Contact Our Office to Learn More About How Our Paternity Lawyers Can Help You! The short answer is maybe. Do not hesitate to contact our San Diego office by calling 619-908-1495 or sending us an email for your free consultation. Paternity case lawyer san diego meservy. Not all single mothers have the financial resources to raise a child on their own and by establishing paternity, a mother may be able to compel the child's father to provide financial support in the form of regular child support payments. This form is known as the Declaration of Paternity form. Additionally, a father who has legally adopted a child is granted the same paternity rights as a biological father. These are: - Obtaining a court order privately or through the local child support agency or.
However, in the case of unmarried parents, a man presumed to be the father of a child in San Diego may be required to take a paternity action to court in order to be legally established as the child's father and take advantage of these rights. Having an attorney to assist you can speed the process along. Parentage By Estoppel: A court can order a parent, even if not the biological parent, to serve as the legal parent and enter a paternity judgment. We offer free consultations and are happy to discuss with you your options if you have not yet filed for divorce or separation, or assess your case if you are in the middle of proceedings, in order for you to know whether you are getting what you deserve. First the genetic characteristics of the child will be compared against the mother's and those not possessed by the mother are determined to have come from the father. There are no filing fees for these cases. This office has extensive experience with DCSS and can help you modify your support with them or help you defend a support request that you have been served with by the County.
While some divorce cases in San Diego are handled quickly and smoothly without dispute, others can be complex and contentious, especially when they involve such issues as child custody, child support and paternity. This happens automatically under certain circumstances, such as when the child is born to married parents, and the husband of the child's mother is presumed to be the child's father. This is the case in child custody and move away and child relocation determinations and it is also the case in paternity disputes, where the child has the potential to benefit from knowing who his or her father is and having the parentage legally established by the court. Where to File a Paternity Action in San Diego. This declaration indicates the legally recognized parents of a child. Paternity actions can become complicated if a man who signed a voluntary declaration of paternity discovers that he is not in fact the natural father of the child. The law recognizes two ways paternity can be established where the alleged parents of the minor are not married to each other. Once retained, our team will petition the court for DNA testing so that the larger issues, such as whether a parent should be allowed to move a child away from California, can be decided. As skilled litigators, mediators, and negotiators, our firm is prepared to handle any type of family law case. In cases where a parent contests parentage, the matter will go to court. This form is essential in establishing the legal parents of a child when not married to one another.
Finding the right attorney for your family law case is a delicate matter that deserves considerable time, research and attention.