Hanford Paternity Lawyer

When a child is born to a married couple in the state of California, there is seldom a question of who the biological parents of that child are. It is typically assumed that the wife is the mother and the husband is the father. However, outside these easily identifiable relationships, establishing paternity can be more difficult, and in some cases, an unwed father might face legal barriers to being involved in his child’s life. A Hanford paternity lawyer can provide legal guidance at this time.

Defining Paternity Actions in Hanford, California

A paternity action is a case that involves a man who fathers a child with a woman, but the couple was never married. Under the Uniform Parentage Act in California, the mother or father of the child can request a paternity test to determine if the man is the natural father. This process consists of a blood test as well as other forms of evidence and information that will determine paternity. If the man is the father of the child, he is legally entitled to parental rights, and financial and parenting responsibilities need to be addressed. Paternity establishes a legal relationship between the father and child. If paternity is admitted or determined by the court, but no child support is being paid, a child support order can be obtained from the judge. Indeed, it is a mother’s desire to obtain a child support order that prompts the filing of most paternity actions, although father’s can also file a paternity action to obtain visitation or custody rights.

On occasion, parties have children prior to marriage, but later marry each other. In this instance, paternity does not exist automatically as it does when a married couple has children. If the parties later file a divorce or legal separation action, the court will establish paternity in connection with that proceeding rather than require a separate paternity action.

There is no deadline for filing a paternity action. On some unfortunate occasions, mothers file paternity actions when their children are well into their teenage years and when the fathers do not even know that a child was conceived! This situation causes great turmoil for the fathers and children who were essentially denied the opportunity to be a part of each other’s lives by a mother who elected not to inform the father of her pregnancy. Nonetheless, paternity can be established in such instances and child support orders obtained. It is also permissible for the fathers to seek visitation orders, but it is often too late in the child’s life to establish a paternal bond.

How Paternity Is Established

When a married couple seeks a divorce, or in cases where domestic partners wish to separate and dissolve their partnership, certain issues, such as child visitation rights, child custody, and child support, are determined privately between the couple, in mediation, or inside a court.

However, when parents were never in a relationship, the law requires that paternity must first be established before making any of these determinations. Paternity can be established in two ways:

• Both parents sign a voluntary declaration of paternity. In these cases, the unwed parents can sign this document to legally acknowledge that the man involved is, in fact, the parent of the child. This is a legally binding agreement and works to provide the father with all legal rights and duties that are also awarded to the mother, such as child support or custody obligations.

• Either parent can petition the court for a DNA test. In these cases, a mother may be seeking background information in regard to her child’s family or medical history or for financial support from the father. Conversely, a father can petition the court to obtain custody and visitation rights to be a part of the child’s life.

Why Is Establishing Paternity Important?

Establishing paternity can be vital to the life of the child as well as the parents. There are certain responsibilities that come with being a parent, not to mention being involved in the day-to-day life of your child. Establishing paternity is important for the following reasons:

• As the custodial parent, you can gain the right to pursue child support from the other parent.

• You can access the medical records of a co-parent, allowing you more information on the medical history of your child.

• You can gain the right to be listed on your child’s birth certificate.

• The father seeking paternity can request child custody or visitation rights.

• Children may be able to receive life and health insurance from both parents.

• In cases where there is no will, a child may be able to inherit from both established parents.

• A child may also be able to receive veterans and social security benefits from both established parents.

Our Commitment to Family Law

With years of experience in family law, Chase Family Law is committed to offering personalized legal services tailored to the unique needs of each client. Our practice focuses on a wide range of family law matters, ensuring that every family receives the attention and expertise they deserve. We pride ourselves on our compassionate approach and our dedication to achieving favorable results for our clients.

Speak to a Paternity Lawyer Today

At Chase Family Law, our family law attorney has handled thousands of cases, from divorce and legal separation to child custody or support matters and paternity actions. Chase Family Law understands the emotional toll and uncertainty often felt by family members involved in paternity cases. Contact our office today to schedule an initial consultation and learn how Chase Family Law can help you.