Neither side is able to do much without court intervention. The first step is to obtain an order establishing paternity of the child.
Paternity disputes can lead to both the mother and the father feeling frustration. A father may be frustrated that mom is denying his parentage and is refusing to allow him contact with the child. There may also be situations where a dad denies that the child is his and refuses to help with any type of support. Regardless of the situation, neither side is able to do anything without Court intervention; the first step is to go to Court and obtain an order establishing paternity of the child. Our Orange County paternity attorneys handle such matters in Anaheim, Santa Ana, and throughout the rest of the area. Contact our office today to speak with a lawyer.
California is like other states in that the rights and obligations of fatherhood do not take effect until one is declared the father of a child. Our state will presume one is the father if he is listed on the birth certificate, if the parties were married at the time of the child’s birth, or if the parties were living together at the time of birth and the male showed commitment to the child. If none of these circumstances are present then the father will have no right to custody, visitation, or to prevent the mother from relocating a child outside of California. There would also be no obligation to provide financial assistance or to pay child support. Once the legal process establishes paternity then an order for child custody will be put in place as well as orders regarding support.
The first step in a paternity case is to file a Petition with the Court. A hearing will be held early in the process and, if the parties cannot agree on the issue of parentage, then the Court will order that a DNA test will be conducted. If the male is shown to not be the father then the case will essentially end. If the male is shown to be the father then the Court will issue a temporary order regarding custody, visitation, and support. A subsequent trial will be held at which the Court will issue a permanent custody and support solution. In reaching a final decision the Judge will only be concerned with the best interest of the child. In determining what is in the child’s best interest the Court will consider factors such as:
It can make a difference in the outcome of your case if you have an attorney presenting your side to the Court.
Our Orange County paternity lawyers aggressively handle such cases. Once retained we will immediately file a Petition to establish paternity, whether you are the father seeking to establish visitation or the mother seeking to establish support. Once DNA testing has been completed then we will argue for a reasonable visitation schedule which is in the interest of the most important person – the child. Our firm will use the discovery process to gather evidence relevant to one’s fitness to parent as well as issues related to income. We will present your case at trial and make sure that you know what to expect from the process. We will take your matter seriously. Contact us today to schedule an initial consultation.
Our attorneys service all of Orange County, including Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and Yorba Linda.
Orange County residents are already frustrated when facing a paternity dispute. The last thing you need in such a situation is be frustrated by your attorney. We strive to provide quality representation. We promptly return phone calls, quickly respond to emails, and copy our clients on correspondence. We make ourselves available to answer your questions and work to ensure that you know what to expect as your case moves forward. We focus on the law so that you may focus on what is most important – your family.