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Explanation of California Paternity Law

Posted on in Paternity

California paternity attorney, California family law attorneyOnce a child opens its eyes into the world, the child immediately needs the love and protection of someone who cares. The mother is typically evident, but paternity needs to be established through stipulation and order or order of the court. There are many scenarios requiring paternity laws.

Presumed Parentage

If a marriage or a domestic partnership exists at the time of birth, parentage is presumed, meaning the husband is the biological father, and the mother is the biological mother. Unless proven otherwise by the court, paternity is presumed in the following circumstances:

  • The parents were married or in a domestic partnership when the child arrives,
  • Even if the marriage is deemed invalid and conception or delivery of the child occurred during the marriage,
  • Marriage occurred after the birth, and both parents agree to put their names on the birth certificate or to support the child, or
  • “Parentage by estoppel” where the child is welcomed from the time of birth into the home and treated as their own, even if they are not the biological parent.

Establishing Parentage

Occasionally, biological parents fail to see eye-to-eye in paternity disputes. Sometimes a father does not agree they are the father. In other instances, the mother refuses to allow the father into their lives. In cases such as these, parentage needs establishment. In California, there are two alternatives to create the legal and biological connection. These options are:

  • Sign a Voluntary Declaration of Paternity, or
  • Get a court order from a judge.

Get Assistance from an Attorney

It is important to seek the advice of a legal professional concerning delicate subjects, like paternity. One mistake due to a lack of experience can have a dramatic impact on not only your future but that of the child in question. If you are interested in discussing your situation with a proven and experienced San Jose, CA paternity attorney, contact the Law Offices of Benita Ventresca today at 408-395-8822 to schedule your risk-free initial consultation. With more than 35 years of experience assisting local clients just like you, Attorney Benita Ventresca can offer options to succeed in your current legal situation.

 

Sources:

http://www.courts.ca.gov/selfhelp-parentage.htm?print=1

http://www.courts.ca.gov/1201.htm

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