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Posted on in Paternity

California paternity attorneyIn California, having a legal mother and father can be very beneficial to a child. But not every child is born to a family with a legal father. California recognizes a child’s legal paternity if the parents are married at the time of the child’s birth, or if the father is living with the mother and child in a family-like situation and demonstrates a commitment to the child. But if California does not automatically recognize a child’s paternity, there are two ways to establish it. A Sunnyvale paternity attorney can help.

Voluntary Declaration of Paternity

If a child’s mother and father wish to voluntarily establish the child’s paternity, they may sign a Voluntary Declaration of Paternity (VDP) form, acknowledging that they are the child’s parents. If the mother gives birth in a hospital, the hospital will provide her with the form, and, if the father signs at the hospital, his name will be put on the child’s birth certificate. If the parents sign the VDP later, a new birth certificate, including the father’s name, can be issued.

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Posted on in Paternity

California divorce lawyer, California family law attorneyWhen establishing paternity, or lack thereof, there is a chance that a “paternity test” or a DNA test will become a necessity. In some cases, one or both individuals receive an unexpected response, leaving them left to wonder the validity of the results and how it affects their case. Can these tests give incorrect answers?

The short answer is “yes.”

Can a test be wrong? Absolutely. No test is 100% accurate all of the time. There are paternity testing labs that do each test twice to ensure the validity of the results, however not every company does this, even some of the accredited facilities. Although there are several methods for running the comparison, the simplest and most non-invasive solution is collecting a DNA sample through a cheek swab of both the child and the potential parent. Scientists at the lab review the DNA strands within the sample.

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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:

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Posted on in Paternity

California paternity attorney, California family law attorneyThere are many reasons for establishing paternity. Whether for peace of mind, for medical history or for child support, no reason is too small and doing so can be beneficial for the child or children involved. Paternity testing may be initiated by either the mother or the father and likewise can be challenged by either party. However, once parentage is established, it may be difficult to alter the determination of paternity. 

Why Anyone May Challenge

There are many reasons why someone may wish to legally prove that the listed biological father is not scientifically the biological father. A father may believe that the child is his and want to be a part of his child’s life, yet the mother may have claimed someone else as the father in order to keep the real father away. No matter the reason, challenging paternity tests may be the way to obtain the resolution you are hoping for.

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