Costa Mesa Paternity Lawyer

Costa Mesa Paternity Attorney

Establishing a relationship with your child may be simple for some individuals, such as couples who are married. Alternatively, unwed parents need to establish paternity through the court to ensure they have legal rights to their child. Whether a mother is seeking child support, or a father wants to pursue visitation rights, paternity must first be established. A Costa Mesa paternity lawyer can help you establish paternity and ensure your child has both parents in their life.

Once paternity is established, you are afforded the same rights as married parents. This process can be emotionally challenging, especially if the other party opposes you establishing paternity. The right legal support can make all the difference in the outcome of your case, both legally and emotionally. Though there are many family law attorneys in Costa Mesa, it is crucial that you work with an attorney who has compassion and understanding for your situation.

With over 15 years of supporting our community through their family law and paternity issues, the Engels-Janzen team is ready to help you tackle your case. Our comprehensive family law services can see you through your paternity case as well as the situations that arise after, such as child visitation and child support.

Establishing Paternity in California

As you begin the process of establishing paternity, it is crucial that you understand exactly how it works and the potential outcomes. Identifying a man as the father of a child can occur in a few different ways, and the route depends on whether the parents are married to each other or not.

In the case of legally married parents, the husband is automatically assumed to be the biological father. This is still the case if the mother becomes pregnant through alternative means, like artificial insemination, provided the father consents. In instances of presumed paternity, the parents do not need to establish paternity through outside means, and the father’s name will be stated on the birth certificate. This means they will have full legal rights to their child.

In the case of unwed parents, paternity will need to be established before the father is granted legal rights to the child. The believed father can sign a document that states he claims to be the child’s legal parent. If they believe the father refuses to sign this document or wants to establish biological paternity, a court order can be issued. This court order will require genetic testing of the child and the alleged father to confirm biological paternity.

Different Considerations for Men and Women

The intent behind the request to establish paternity generally depends on the person requesting the court order. There are different implications for men and women as they navigate the process, and the legal representation must reflect their intentions. Engels-Janzen is ready to help both men and women through this journey.

Whether initiating or disputing a paternity claim, men must act swiftly. A knowledgeable paternity lawyer can help obtain accurate DNA testing that definitively establishes or disproves paternity. If paternity is established, we can direct you through the next steps, such as petitioning the court for visitation or custody and establishing child support. These actions are not automatically initiated after paternity is established.

If an individual is seeking to establish paternity, protection, and financial security for the child may be the goal. Establishing paternity means the child will have access to child support and time spent with the father. Additionally, establishing paternity allows the child’s rights as an heir to the father’s estate or medical coverage under the father’s health insurance. The child can also claim Social Security death benefits if the father is deceased.

Ultimately, the court will always act in the interests of the child through a paternity case. Connecting with a skilled paternity lawyer can help you ensure your rights are considered as well.

FAQs

Can I Cancel a Voluntary Declaration of Parentage (VDOP)?

Either parent can cancel a Voluntary Declaration of Parentage. The parent intending to cancel the VDOP must complete and submit the VDOP Rescission document within 60 days of signing. Though only one parent needs to sign the form, the other parent must be provided a copy of the document through certified mail. If more than 60 days have passed or there is an active court case using the VDOP, papers must be filed requesting that a judge cancel the VDOP.

Can a Mother Stop the Father From Seeing His Child in California?

Establishing paternity for a child ensures the father is granted equal rights to the child, and California typically prioritizes both parents seeing the child. This means that a mother cannot stop the father from seeing the child unless a court has agreed to withhold visitation. This generally occurs if there is a concern for the child’s safety, such as when substance abuse, child abuse, or domestic abuse is occurring.

How Much Does It Cost to Establish Paternity in California?

The total cost of establishing paternity in California depends on the route you choose to take. Filing a Voluntary Declaration of Parentage (VDOP) to establish paternity is free of charge and can be a good option if you are certain of paternity. If paternity is established through a court case, there may be filing fees, court fees, and genetic testing fees.

Can a Father Be the Custodial Parent in California?

California courts prioritize the welfare of the child when making child custody decisions. It is entirely possible for the child’s father to be the custodial parent. Across the US, fathers are now more likely to be the custodial parent than they were 24 years ago. In 1994, only 16% of custodial parents were fathers, while 20.1% of custodial parents were fathers in 2018.

Costa Mesa Paternity Lawyer

It is not uncommon for family law cases to be emotionally draining and physically tiring. This is especially true if you are dealing with a paternity case. A Costa Mesa paternity lawyer can be an invaluable resource as you navigate this challenging time.

Engels-Janzen is ready to critically evaluate your case and build a legal strategy that aligns with your goals. Contact our office today to see how we can help you in your paternity case.