PATERNITY ATTORNEY IN SAN DIEGO, CA

Today, many couples and single women choose to begin families without being married to the other parent. This applies to heterosexual couples, but also married and unmarried same sex marriage couples.  Contact a San Diego paternity attorney for a free legal consultation if you are in need of legal advice.

If you are not legally married or registered domestic partners at the time of the child’s birth, parentage is not assumed, but must be established in the court system, which is referred to as a California paternity action. This is in contrast to children who are born to married parents; the fact of their marriage is adequate to recognize them as the child’s legal parents in the eyes of the law. Even when a father proves he is the biological father, he will not have parental rights until the court legally establishes paternity. Similarly, if a woman verifies a man to be her child’s biological father, she will still need to establish paternity before being able to obtain child support.

ESTABLISH PATERNITY TO OBTAIN RIGHTS FOR YOUR CHILDREN INCLUDING CHILD SUPPORT

After sufficient evidence is presented in court, the judge will determine whom the legal parents are, which establishes certain important rights of the children, including the right to child support. It also gives the legal parents both the right to visitation with the child, as the law aims to promote “frequent and ongoing contact” between a non-custodial parent and a child. It is important that children know who their legal parents are. Some of the rights children are entitled to from their married or unmarried parents include:

• The right to receive financial support from both legal parents
• Having a birth certificate bearing the names of both parents
• Being able to obtain health records and medical histories from both parents’ families
• Eligibility for health insurance benefits from either or both parents
• Inheritance rights from both parents
• The right to social security and veteran’s benefits, where applicable
• The right to know and spend time with both parents, in most cases

After paternity is established legally, the court can make appropriate orders to give the child the benefit of these legal rights.

HOW THE COURT DECIDES PATERNITY

It is undeniable who the mother of a child is, but determining the father will require a court order. There are several circumstances that, in most cases, will cause a court to name a man as a child’s legal father:

• If both parents voluntarily sign a Declaration of Paternity establishing the identity of the father;
• If the two were married at the time the child was conceived or born
• If the man tried to marry the child’s mother but the marriage was not valid, and the child was conceived or born during the period of the invalid marriage
• If the man married the mother after the child was born and agreed to have his name on the birth certificate or to support the child
• If the man openly accepted the child into his home and openly treated the child as his own. If the man assumed the role of father to the child, the court may declare him the legal parent even if he is shown not to be the biological father. This is referred to as “parentage by estoppel”
• If the man does not believe or admit that he is the biological father, court-ordered genetic testing of the mother, child and alleged father may be necessary to establish paternity

Parentage actions are important for not only the children involved but also for fathers and mothers.  This is especially true when a mother needs child support or when a father has been aliented from the child by the mother. When parentage is disputed, it is often helpful to have a highly experienced and compassionate attorney by your side, to guide you through the process and represent your interests in court. At Mellman & Mellman, LLP we handle many California paternity cases. Call us today to arrange for a no cost, no obligation meeting with an experienced family law attorney in San Diego, for the best outcome for you and your family.