Mission Viejo Paternity Services: Establish Your Rights Today

In the last 50 years, the question of paternity has become more an issue of discussion. As the issue of women's rights is one of the hottest topics today, many wonder what part the father has in a child's life. In California, unless a couple is married at the time of their child's birth, the father does not automatically have any legal rights over his son or daughter. If the couple is unwed when they have a child, parentage of the father must be intentionally established.

How to Establish and De-Establish Paternity in Mission Viejo

Establishing legal paternity of a child has many implications for both the mother and the father. Unless an individual is a legal parent of a child, he or she cannot be legally compelled to provide any child support, petition for child custody or request visitation rights. In order for these things to be attainable, the father must first legally be established as a parent.

In California, the process of establishing parentage for an unwed father involves filing a Declaration of Paternity with the district court. The petition will state who the legal parents are to be, regardless of biological relations. Even if a father can prove through a paternity test that the child is his, he has not official legal claim to the child unless paternity is established.

Common Questions About Paternity in Mission Viejo

When trying to determine the father of your child or looking to find if you are the father, you may have thousands of questions you need answered. While we recommend speaking with a qualified Mission Viejo family lawyer before you take any legal steps, we have listed some of the most frequently asked questions below to give you a better idea of your options.

Can you receive child support if you are unsure of your child's father?
Before any type of child support can be awarded, you MUST establish paternity. By having this legal documentation, then your child can be privy to financial support, potential government benefits especially if the father is in the military, medical records, and other benefits.

Is it possible to establish paternity while you are still pregnant?
You can begin the process by filling out all the necessary paperwork; however, your local child support agency cannot actually follow through with the case until your child has been born. The child also must be born in order to perform any genetics tests, in the event that the man you think is the biological father refuses to accept paternity. Check with your local genetics lab to see how old the child must be before you can get this done. Some labs make you wait until the child is at least 6 months old. In order to find out more information about genetic testing, visit your local child support agency.

What if the supposed father leaves the state before establishing paternity?
When possible, local courts may be able to determine paternity without the presence of the potential father. If for some reason the father is uncooperative and willing to establish paternity, he may still be forced to pay child support even if he does not currently reside in the state of California.