Paternity

Establishing Paternity in Orange County

There is no doubt about paternity when parents are married. However, disputes may arise when the parents are unmarried or if another man is involved in the mother’s life. In this case, disputes may arise regarding who the biological father is. There are two ways to establish paternity in Orange County. If the parents agree, they may sign an Acknowledgement of Paternity form to define legal fatherhood. If there’s a dispute, they may file a petition in court. Here’s a look at each in detail:

Voluntary Declaration of Paternity

If parents agree on paternity, they can sign a Voluntary Declaration of Paternity at the hospital after the child’s birth, or later at a government agency, such as the birth registrar or the child support agency. The form is then filed at the Department of Child Support Services in the Parentage Opportunity Program, where it becomes enforceable as a court order. By signing this declaration, both parents waive their rights to a court petition regarding the child’s parentage.

Either parent can revoke this declaration within 60 days of signing it.

Court Ordered Paternity (DNA Testing)

If the parents disagree on paternity, either of them can file a petition in court requesting a DNA test. A child support agency or a grown child can also file this petition.

The court will order genetic testing of both parents and the child to determine paternity. Remember that additional factors are considered by the court here, and a non-biological parent may also be accorded paternity rights. If DNA testing confirms parentage, the court can then decide on custody and support.

Contesting Paternity in Orange County

Paternity can be heavily contested by both parents for various reasons. Some of the most common reasons for challenging paternity include:

1. Doubts or uncertainties regarding who the presumed father is;
2. New evidence coming to light after the initial establishment of paternity; and
3. Incorrect documentation or filing, errors in genetic lab testing, or procedural inaccuracies.

1. Filing a Petition

The first step in contesting paternity involves filing a petition at the local family court, outlining reasons for challenging paternity.

2. Genetic Testing

The court will order genetic testing of both parents and the child to ascertain legal parentage. The outcome of these tests will impact custody and support decisions.

3. Judgement

Based on the lab test results, the court will either nullify a previous paternity order, modify custody & support arrangements, or acknowledge fatherhood.

Child Support & Paternity in California

If fatherhood is in contention in a California family law case, establishing paternity is the first step to obtaining child support. Regardless of who petitions for paternity, the court will examine several factors to determine if the father is required to pay child support:

1. The amount of time each parent spends with the child, as stipulated in the time-sharing custody arrangement
2. Each parent’s income & earning capacity
3. The child’s age and needs, including cost of living & medical needs
4. Financial responsibilities of each parent

The Role of Paternity in Establishing Child Support Obligations

A request to establish paternity can be initiated by the mother needing support for her minor child or the father wanting to contribute towards the child’s upbringing & well-being. If the parents agree on paternity, they can negotiate an agreement to cover the child’s basic expenses, like education, healthcare, and upbringing. If they disagree, a paternity test may be the only way to confirm parentage.

Modifying Child Support Orders

The establishment of paternity and child support obligations are legally binding orders. However, California laws allow modification of orders in certain circumstances. In terms of paternity, a modification may be warranted in the following instances:

1. If the DNA test reveals that the individual paying support is not the biological father, the court may order a modification of the existing order.
2. Any change in the biological father’s circumstances, such as job loss, income changes, or medical conditions may impede their ability to pay the stipulated support amount. If the court is satisfied that the change is material enough to alter the support, it may set aside the previous order.

Child support cases can be contentious, especially if paternity is in question. Both parties should seek legal representation from a family law attorney to ensure their parental rights are protected. Our skilled child support attorneys can help mothers and fathers navigate these complexities, ensuring child support obligations are set up in a way that prioritizes the best interests of the child.

Parenting Plans & The Best Interests of the Child Standard

If paternity is established by mutual declaration or a court order, the parents may negotiate a settlement to determine custody. This parenting plan will include the time-sharing arrangement, how important decisions are made for the child, how parents will communicate with each other, the mode of transportation for the child to visit both parents, etc. It should mention parenting and visitation schedules and the decision-making authority for the child’s upbringing.

If the parents cannot settle on mutual terms, custody will be decided by the court. The judge will follow the best interests of the child standard, which includes the following factors:

1. Health, safety, and well-being of the child
2. The child’s relationship with each parent
3. The ability of each parent to cooperate in decision-making
4. The child’s ties to home, school, and the community
5. The child’s current living situation & stability
6. History of abuse or neglect by either parent
7. The child’s age & preferences

How does paternity establish custody rights?

Before parental rights can be exercised, the court will require legal parentage to be established. If the parents were married during childbirth or both have signed the voluntary declaration of parentage, the father will be considered the legal parent. Unmarried parents can confirm parentage by signing the Voluntary Declaration of paternity at the hospital or filing it later with the Department of Child Support Services.

If contested, paternity will be established by a court-ordered DNA testing of the mother, father, and child. The action can be initiated by either the parent, the child, or government agencies at the California Superior Court. Once paternity is established, the father gets equal rights to seek custody and visitations as the mother.