Orange County Paternity Lawyers

Orange County Paternity Attorney

No matter what their relationship status is, when two people share a minor child, they each have rights and duties involved in the care and support of that child. This can apply to situations in which the parents were never legally married or if they were married and then obtained a legal separation or divorce. When the father’s identity is unknown or uncertain, an Orange County paternity lawyer can be brought in to help shed light on the situation through legal means.

At Minyard Morris (formed over 48 years ago), we pride ourselves on offering comprehensive family law legal services to individuals residing in the Orange County area and are here to provide fierce advocacy in paternity cases by assisting in the establishment of said paternity and helping individuals obtain child custody, visitation rights, or child support. These cases can be complicated, and having a team of dedicated family law attorneys can prove essential to the desired outcome of your case.

Understanding Paternity in California

When facing a paternity case in California, it is vital for you to understand exactly how it works. At Minyard Morris, our attorneys know the exact details of California paternity law and can sit down with you to educate you on the particulars and offer guidance tailored to fit the unique needs of your case. In California, the ways in which a man can be identified as the father and have his name stated on the child’s birth certificate include the following:

• Cases of married parents. If a legally married couple has a child together, the husband is assumed to be the father of that child. In cases where the wife became pregnant through means of artificial insemination and the husband consented to this, the husband is still considered to be the legal birth father.

  This is what is known as “presumed paternity,” and it allows both parents to be viewed as legal parents without having to establish paternity through any outside means.

• Cases of unmarried parents. When the parents are unmarried, and the mother of the child is not married to another man, the paternity of the child will need to be established. The supposed father can sign a legal petition that claims he is the legal father of the child in question. If he refuses to sign this, the mother can obtain a court order that will require him to undergo genetic testing in order to determine if he is the biological father.

Minyard Morris: Protecting Your Rights as a Parent

Whatever the exact circumstances of your Orange County paternity case, the team at Minyard Morris is here to help you. With over 350 years of collective family law experience at our backs, you can rest assured in the fact that we can do whatever it takes to protect your rights as a parent and work to achieve the case outcome you desire when it comes to paternity claims. With our experience and knowledge, we can fight to ensure your interests are upheld.

Whether you are a presumed father seeking visitation or child custody rights or the mother of the child seeking child support from the father, our team is committed to helping you by offering fierce advocacy. These cases can be extremely convoluted and complex, and we are dedicated to providing you with top-tier legal services to achieve the outcome most favorable in your paternity case.

Trust us to handle your case with excellence and align ourselves with your goals as we fight for the outcome you deserve in any family law matter.

How to Establish Paternity in Orange County

In cases where the parents are not married, presumed paternity does not exist, and there will be a need for paternity to become legally established. There are a few ways this can be accomplished in Orange County, including:

• Court order. In cases where there is a disagreement as to who the biological parents of the child are or the individuals are unsure, paternity may be established through a court order. Either alleged parent has the right to file this petition, and the petition can likewise be filed by a child support agency. Following the filing of this petition, the courts can order the genetic testing of both the child and their alleged parents.

  Following the results of these tests, the courts can then declare paternity based on both the results and other factors involved in the case. Additionally, even if one of the parents is not a biological parent, the judge may have the chance to decide if one of the individuals can retain paternity rights anyway. Once paternity is established, the court can make rulings regarding child custody, visitation rights, or child support.

• Voluntary declaration of paternity. Another way to establish paternity when the parents are not legally married can occur at the time of the child’s birth. In these citations, the parents can sign a voluntary declaration of paternity, or a VDOP, at the hospital if they both agree on the paternity of the child. This can also be done at a later point in time at a government agency like a local birth registrar or child support agency.

  When this form is signed, the parents sign away their rights to later genetic testing and court hearings regarding the paternity of the child in the future, and once the VDOP is filed, it is seen as enforceable, meaning that the courts can use it to enforce any future orders regarding child support or child custody.

Do Family Law Courts Determine Parentage?

Parentage or paternity matters are resolved in the family court along with child support and other issues related to a child.

California family law courts have jurisdiction to determine parentage. In other words, family law courts may determine the identity of the parents of a child using genetic testing. Once parentage is established, that a person has all the rights of a parent, may obtain custody/visitation orders, and may be ordered to pay child support.

Parentage litigation is resolved in the family law courts. This area of the law is decided based on statutes, case law and a number of very significant presumptions. The laws are designed to protect the best interests of the child and follow common sense.

Can Parentage Cases Also Involve Child Support Issues?

Paternity cases may also involve other child custody issues and child support issues, which are both determined under the same body of law that controls these issues in a divorce.

California laws relative to paternity are based on the Uniform Parentage Act (UPA), which was adopted in 1975 but is not limited to the provisions of the UPA.

FAQs

Q: What Are the Benefits of Establishing Paternity in CA?

A: Establishing paternity in California can have several benefits. These include having a right to child custody, visitation, or child support should the parents live separately, having access to potential health insurance for the child, obtaining inheritance rights for the child, establishing the child’s rights to emotional support from both parents, and the child having access to certain governmental benefits the newly established parent may receive.

Q: How to Obtain a Court-Ordered Paternity Test in California?

A: In many paternity cases, a court can order the genetic testing of the individuals involved to establish legal paternity. In order to obtain these paternity tests, an individual must file a Request for Order and request the judge order the mother, child, and potential father to take the genetic test. In other cases, if both parents agree to the test, they can write an agreement and submit this to the judge so that the judge can issue an order.

Q: What Are the Reasons for Obtaining Paternity in California?

A: There are several reasons why a parent may wish to seek legal paternity or prove paternity in the state of California. If the mother is seeking assistance through child support, she may wish to pursue a paternity claim for help with the child’s daily needs and expenses. On the other side, a father might seek paternity in order to obtain child custody or visitation rights and have a say in his child’s upbringing.

Q: How Do You Contest Paternity in California?

A: There are several reasons an individual might wish to dispute or contest paternity. This can include having doubts that they are, in fact, the biological father of the child, or there is evidence that points to the fact that the individual requesting paternity is not the father of the child. Disputing a paternity claim is a complex legal matter and will require the assistance of a family law attorney in filing a petition for and undergoing genetic testing.

Call Our Experienced Orange County Paternity Lawyers

If you have more questions about paternity laws or wish to speak to one of our family law attorneys, please call Minyard Morris at 949-724-1111 or send us an email inquiry to schedule a consultation.