Do You Have Questions About Paternity? Get Answers from a Family Law Attorney
Posted on: April 10, 2023
You probably have questions about paternity regardless of which side you’re on, whether you’re a mother who wants the father to pay child support or a man who wants to establish whether a child is or is not your child. To speak with a family law attorney, call Law Office of Michael L. Fell at (949) 585-9055 after reading this article for answers to some of the most fundamental questions.
How is Paternity Determined?
Paternity can be established freely or involuntarily, respectively. To declare their acknowledgement of their child’s paternity, a father can fill out a voluntary declaration of paternity. When the father refuses to cooperate, a judge may establish paternity by ordering testing or using other techniques.
Why Is It Crucial to Prove Paternity?
Establishing paternity may be crucial for a variety of reasons. It’s possible that in order to apply for custody of their child, the parent needs paternity to be proven. It’s possible that the parent wants to have the legal authority to participate in parenting decisions for their child. It is typically done so that the custodial parent can receive the child support to which they are legally entitled.
In rare situations, it can make sense to prove legal paternity even if two unmarried parents who share a child agree on how to divide expenses and childcare. For instance, it can make it simpler for the child to inherit from their father or to be covered by their father’s health insurance.
What is a Voluntary Paternity Disclosure?
Unmarried parents must sign this document to prove paternity. Although it can be signed later, it is typically signed at the hospital shortly after the birth. A person waives their right to a paternity trial and paternity testing when they sign the voluntary declaration of fatherhood.
Can a Voluntarily Made Paternity Statement Be Revoked?
Yes. A paternity rescission declaration must be submitted in this situation. However, you must do this within 60 days of when you initially signed the form. In order to revoke a voluntary declaration of paternity, it is crucial to contact a family law counsel as soon as possible.
What Choices Are Available If Paternity Is Disputed?
If either the mother or the father refuses to recognize the other as the parent of their child, paternity must be established by the court. Either party may initiate this process by getting in touch with a family law attorney or a nearby child support organization.
Contact a family law attorney as soon as you can if you are embroiled in a paternity dispute. We are here at Law Office of Michael L. Fell to make this process as easy as we can for you. Call us at (949) 585-9055 right away.
