Compassionate Diamond Bar Family Law Attorneys Helping with Paternity Actions
Determining the legal father of a child has lifelong, life-altering consequences for both the parents and the child. Rather than attempting to handle these issues on your own, running the risk of losing important rights, get help from a lawyer who will fight for your best interests before the court. If you need help establishing paternity in Southern California, contact the dedicated and experienced Diamond Bar family law attorneys at Blasser Law for a consultation.
How is paternity established?
Whenever a couple is unmarried when their child is born in the state of California, the identity of the father will not be legally established unless the parents take steps to establish his identity. Most often, the father will voluntarily sign a declaration of paternity, either when the child is born at the hospital, or after the birth certificate has been issued. If the father does not sign the declaration at the hospital, it must be signed before either a designated public agency or before a notary public. The declaration must then be filed with the California Department of Child Support Services.
By signing a voluntary declaration of paternity, the father gives up the right to demand a blood or DNA test to establish conclusively that a child is his, or to demand a trial on the issue of paternity. However, the right to challenge paternity may be regained in one of two ways. Once a signed declaration of paternity has been submitted, the man who signed it has 60 days to submit a declaration of paternity rescission, should he change his mind or develop reason to believe a child is not his. Within two years of being signed, a declaration of paternity can also be challenged before a judge if either parent can use blood or genetic tests to prove the child isn’t the declared father, or either parent can prove that they signed the form under duress or as a result of fraud. It is critical to have the assistance of an experienced California paternity lawyer when attempting to challenge paternity in court.
If a father does not complete a voluntary declaration of paternity, there are additional ways in which a Los Angeles-area family law attorney can help you legally establish your child’s parentage. These methods include filing a lawsuit to determine paternity and de facto parentage.
Why do I need a lawyer on a paternity issue?
There are many reasons why accurately establishing paternity is important. Proving paternity may be necessary to:
- Obtain needed child support payments from your child’s other parent
- Access medical histories and records
- Obtain health insurance coverage under the parent’s plan
- Receive visitation time with your child
- Receive an inheritance or other insurance or pension benefits
Call Blasser Law in Diamond Bar for Help with California Paternity Matters
If you are facing a family law issue in California, such as a question of paternity or obtaining child support payments to which you’re entitled, contact the seasoned and compassionate Diamond Bar family law attorneys at Blasser Law for a consultation, at 909-843-6363.