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Parentage/Paternity

Parentage and Paternity Lawyer in Orange County

A paternity action is the legal process by which a man is legally declared to be a minor child’s father. When a man wants to claim his paternal rights of a child or seek to challenge a mother’s claim that he is the father, he may do so by filing a petition with the court. For either process, it is highly recommended that you secure the guidance and representation of a skilled family lawyer

Our Orange County paternity lawyer can help you with all the necessary paperwork and steps required to achieve your goals. Call today to learn more: (714) 888-4830!

The state of California will assume that a man is a child’s father if one of the following is true:

  • The man is married to the child’s mother
  • The man is living with the child’s mother and lives as though he is the child’s father

Filing a paternity action is unnecessary in either of these cases. However, if neither of these circumstances exist, a child’s mother or a man who believes he is a child’s father may still pursue legal action to establish parentage.

If an unmarried couple is in agreement that the man is the child’s father, the mother and father may sign a “voluntary declaration of paternity” after the child is born. If there was no such mutual agreement, a mother may file a “paternity action” with the court to establish a man’s paternity, or, a man seeking parental rights may do the same. Alternatively, the Child Support Services Department may bring a Judgment of Paternity to court to establish paternity. An adoption agency may also pursue this legal action.

In response to either action, a judge may request that a genetic test be performed. If a man’s paternity is established, the court will oversee decisions regarding whether or not—and in what way—he will be granted custody rights, visitation rights, and/or child support responsibilities.

Commonly Asked Questions

What is the process for establishing paternity in California?

In California, establishing paternity can be done through a voluntary declaration signed by both parents after the child's birth, or by filing a paternity action in court if there is no mutual agreement. The court may also order genetic testing if necessary.

How does paternity affect child support obligations?

Once paternity is established, the father may be required to pay child support based on his income and the needs of the child. The court will determine the amount and frequency of payments.

Can a mother challenge a paternity declaration?

Yes, a mother can challenge a paternity declaration if she believes it was signed under duress or if there is new evidence suggesting that the man is not the biological father.

What rights does a father have once paternity is established?

Once paternity is established, a father has the right to seek custody and visitation, as well as the obligation to provide financial support for the child.

How long does the paternity process take in California?

The duration of the paternity process can vary depending on the complexity of the case. It may take a few weeks to several months, especially if genetic testing is required or if there are disputes.

What should I do if I believe I am the father of a child?

If you believe you are the father of a child, it is advisable to seek legal counsel to understand your rights and the best steps to establish paternity and protect your interests.

Understanding the Importance of Paternity Testing

Paternity testing is a crucial step in establishing legal parentage, especially in cases involving child custody, support, and inheritance. At The Law Offices of W. Douglas McKeague, we understand that the emotional and legal implications of paternity can be overwhelming. Our experienced team is here to guide you through this sensitive process with compassion and professionalism.

Here are some key reasons why paternity testing is essential:

  • Legal Rights: Establishing paternity ensures that both parents have legal rights and responsibilities towards the child, including custody and visitation rights.
  • Child Support: A confirmed paternity can lead to fair child support arrangements, ensuring that the child's needs are met.
  • Emotional Closure: Knowing the truth about paternity can provide peace of mind and help resolve family disputes.
  • Health History: Understanding biological relationships can be crucial for medical history and genetic conditions that may affect the child.
  • Inheritance Rights: Establishing paternity can secure the child's rights to inheritance and benefits from both parents.

Our team is committed to helping you navigate the complexities of paternity issues. Contact us today to discuss your situation and learn how we can assist you in achieving a resolution that is in the best interest of your child.

Turn to an Experienced Paternity Lawyer Today

At The Law Offices of W. Douglas McKeague, our Orange County family lawyer has more than 4 decades of experience assisting individuals with a wide variety of family law issues.

We are here to provide compassionate legal counsel and personalized attention for your case. Whether you are a mother seeking to establish paternity for the sake of securing child support, or if you are a father who would like to be a part of your child’s life, we know how to represent your best interests.

Contact us today at (714) 888-4830 to discuss your situation in a free consultation with our experienced paternity lawyer in Orange County.

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