Whether you are the mother or father, it can be stressful to not know for certain who the father of a child is. Proving parentage is beneficial for everyone involved. It is important to seek the legal guidance of an experienced Temecula paternity lawyer, if you are involved in a child custody or child support dispute and are looking to establish or challenge paternity. Contact The Law Offices of Michelanne Hrubic to understand your rights and take the right steps forward.
Legal paternity, or parentage in California, asserts a parent’s rights over and responsibility toward a child. A legal parentage relationship is defined by law and differs from a social parenting relationship, though they can often overlap.
Having legal paternity means that an adult has a responsibility to provide care to a minor child, including shelter and sustenance, to decide on matters related to the child’s upbringing, and to assert where the child may reside. Additionally, a child may receive inheritance based on parentage through intestate succession and may be eligible for social security and disability benefits through their legal parent.
When a child is born, the birthing parent is assigned as the legal parent on the birth certificate. If the child is conceived within a marriage or a legal domestic partnership, the non-birthing parent also becomes a legal parent. If the birthing parent’s partner is not their legal spouse or domestic partner, they must submit a declaration to establish paternity to assert their legal parentage.
Paternity may also be established through a court order if a child is born through a surrogate or is placed under adoption. A family court in California may also request that a person submit to a paternity test if prompted by a court petition.
When two parents divorce or decide to separate, they may petition a California court to issue a child custody order. Legal parents have a significant advantage over caregivers who do not possess legal parentage in acquiring child custody or petitioning for parenting time. Even if a relative, such as a stepparent, successfully petitions for custody when a parent has abandoned a child or is deemed unfit, the legal parent, who holds legal rights over the child, can challenge the custody order.
Paternity is also significant in child support cases. Because a legal parent is financially responsible for the care of a child, even if they do not have custody of them, they may be required to provide child support every month. Failing to fulfill a child support order can lead to serious consequences such as wage garnishment, additional interest, and fines, and can result in license suspension or even confinement.
Whether you are concerned about your standing as a legal parent or if you are unsure of your responsibilities over a child, it is highly recommended that you consult a seasoned paternity lawyer to gain clarity about your situation. A knowledgeable family law attorney can assist you with the following:
If you are looking for a paternity lawyer in Temecula, CA, contact The Law Offices of Michelanne Hrubic for experienced legal guidance and a consultation for your case.
It is possible to dispute paternity in California through a paternity case in court. If a person has submitted a petition against you to determine a parental relationship, you can respond to the petition and request a genetic test to challenge the petition. You can also challenge existing paternity with your own court petition. In some cases, genetic testing may not be sufficient to successfully determine legal parentage.
Depending on the circumstances of your case, the cost of establishing paternity in California may vary. If a request to determine paternity is issued by the court or by Child Support Services, a respondent may not need to pay a fee. For an individual looking to establish paternity on their own, there may be associated filing and court fees for their case. The cost of establishing paternity may increase if the assistance of a family lawyer is required.
No, it is not a legal requirement to have a lawyer in family court. It is highly recommended that you consult a seasoned California family law attorney if you are a father looking to establish or challenge paternity since navigating the family court process on your own can be daunting. An experienced attorney can help you file the necessary paperwork and assist you in navigating the entire process.
The cost of a father’s rights lawyer can depend on factors such as the complexity of the case. The more intricate the details of your case and the willingness of parties to work together for an optimal outcome can affect the fees you may have to pay an attorney. During a consultation, the father should ask about the potential cost of representation based on the facts of their case.
Law Offices of Michelanne Hrubic has a proven track record of successfully representing Temecula clients in their child custody disputes and other family law matters. Under our compassionate guidance, you can feel comfortable that your interests and your family’s well-being are a priority throughout the case. Schedule a consultation to discuss your paternity case.
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