IN SAN JOSE, CALIFORNIA
Paternity fraud is quite common in the United States and throughout the world. An annual report from the American Association of Blood Banks indicates that more than 300,000 paternity tests are conducted in the United States every year to determine a child's biological father. In the state of California, establishing paternity is important to gain parental rights to your child, establish custody, or ultimately participate in the life and upbringing of your child.
If you live in California and you are trying to establish paternity, it is important to consult with an experienced California family law attorney for proper guidance. At The Law Offices of Steven E. Springer, we have the experience and resources to assist you in the legal process of establishing paternity. Our knowledgeable attorneys are available to discuss your situation and explore your available legal options. Whether you are looking to establish paternity and custody rights or implement a parenting plan, our team can offer you the experienced legal counsel, support, and advocacy you need.
Our team at The Law Offices of Steven E. Springer is proud to serve clients across San Jose, California, and the surrounding areas of Fremont, Hayworth, Alameda County, and Santa Clara County. Reach out today to schedule a free consultation.
WHY ESTABLISHING PATERNITY IS IMPORTANT
A paternity action is a legal process of establishing whether a particular male is the biological father of a child. Establishing paternity is crucial to determine the father's rights, as well as his obligations to the child.
IMPORTANCE TO THE CHILD
Establishing paternity offers several benefits for the child, including:
Helping the child find his or her identity
Paving the way for a cordial father-child relationship
Giving access to medical insurance, life insurance, and other benefits
Allowing the child to benefit from the father's veteran and social security benefits
Allowing the child to receive financial support, shelter, and aid from the father
Giving the child access to the father's medical information, such as health risks and medical history
Helping the child to learn about his or her family history
Making the child eligible to inherit the father's estate and assets
Gaining the right to sue for bodily harm or death of the father
IMPORTANCE TO THE MOTHER
Establishing paternity can help the child's mother by allowing her to:
Share parental responsibilities with the father
Share the costs of raising their child
Share physical and legal custody with the father
Seek child support payments from the father
Create plans for visitation or parenting time
IMPORTANCE TO THE FATHER
The following are some reasons why establishing paternity is important for the father:
Gaining legal rights to their child
Participating in the life and upbringing of their child
Becoming eligible for custody or parenting time
ESTABLISHING PATERNITY IN CALIFORNIA
In California, paternity may be established either voluntarily or involuntarily.
The simplest way to establish paternity in California is to do so voluntarily. When a child is born into a marriage, California laws presume that the mother's husband is the father of the child. Paternity can be established voluntarily by signing the "Voluntary Declaration of Paternity" (VDP) form in the presence of a witness.
In a situation in which paternity is disputed, paternity may be established involuntarily through court action. During the proceeding, the court may order genetic testing on the alleged father, mother, and child. The court will use the result of the genetic tests to determine the child's biological father, issue a paternity order, and eventually establish paternity involuntarily.
PETITION TO ESTABLISH PARENTAGE
Under California law, any of the following persons or agencies may petition the court for an order to establish parentage:
The child's mother
The "alleged father" or the "putative father"
The local child support agency offering services to the mother
An adoption agency
The court will name a representative for the child, often referred to as a "guardian ad litem." The guardian ad litem has the duty to appear in court on the child's behalf and represent the best interests of the child.
CHOOSE AN EXPERIENCED ATTORNEY
Paternity dispute cases in California usually involve several complexities and are often fiercely contested. When trying to establish paternity, hiring a skilled paternity attorney is crucial to receive the detailed guidance and experienced representation you need.
With more than 35 years of experience, our team at The Law Offices of Steven E. Springer is devoted to handling family law and paternity cases. As your legal counsel, we will review your situation and help you understand your options. Our attorneys will work diligently with both parents to negotiate a fair parenting agreement, including child support, custody, and visitation.
Also, we can help file a paternity action with the court or take additional legal action if required. Our team will fight compassionately to protect your rights, interests, and family. We can help you navigate every phase of the paternity process from start to finish, as peacefully and seamlessly as possible.
IN SAN JOSE, CALIFORNIA
If you are trying to establish paternity or determine your child's biological father, contact us at The Law Offices of Steven E. Springer to schedule a consultation. Our team can offer you the legal guidance and advocacy you need in the process of establishing parentage. We represent clients throughout San Jose, Fremont, Hayworth, Alameda County, and Santa Clara County, California.