Orange County Divorce Attorney
Establishing Paternity
In most divorce cases, paternity is not an issue. However, in parentage or paternity cases, the question of who the legal parents are has to be settled. If the parents were married when the child was born, paternity is assumed. As of January 1st, 2005, couples in a domestic partnership also do not usually have to prove that the child is legally theirs. For unmarried couples, this is not the case and paternity may need to be established legally.
An official Declaration of Paternity must be signed or a court order obtained saying who the legal parents are. If a couple was not married while at the birth of the child but the father can be proven to biologically be the father, he is still not legally responsible for the child. In order for child custody,
visitation rights, and
child support to be determined, legal paternity must first be established. If one of the parents does not admit to being a parent, they may be asked to take a genetic test.
Once paternity is established, they will have all the legal rights and responsibilities of a parent. They will be able to have custody of the children and could be required to pay child support.
Do you need an Orange County divorce lawyer?
If you are considering filing for a divorce, contacting an Orange County divorce attorney from the Law Offices of Marc E. Mitzner could be an invaluable help to you and your family. Our team has experience in every area of divorce law, including:
high net worth divorce,
military divorce,
annulment, and
property division. We make it our goal to stand up for the rights of you and your children while trying to find a solution agreeable to everyone involved.
For a free case evaluation, contact an Orange County divorce lawyer from our legal team. |