How you can establish paternity in California

Law Offices of Stephanie L. Mahdavi A Professional Law Corporation Paternity

Establishing paternity can make more difference in your child’s life than you could ever imagine. It will definitely contribute to the child’s psychological and economic stability. There are times when the father’s name appears on the child’s birth certificate but that doesn’t necessarily prove paternity. A mother can write the name of anyone she wishes on the birth certificate. If you seek to establish paternity in California, contact a Thousand Oaks paternity attorney.

Establishing paternity

The process to establish paternity doesn’t have to be challenging as long as both parents agree. Some dads simply want to ensure that that they are the biological fathers and they volunteer to submit DNA testing and request a pregnancy test from women they were with. It’s an important step some like to take before committing to child support and becoming emotionally involved in their children’s lives.

There are also parents who have been denied access to their children. Establishing paternity is a great way to get back what rightly belongs to you. A typical scenario is when a mother doesn’t want her ex involved in the child’s life. This generally happens when relationships end on bad terms.

The father can request an affidavit to acknowledge paternity and avoid court action. However, the mother must sign the document and it needs to be notarized. After that, the child’s correct name should appear on his or her birth certificate. Paternity affidavits help children growing up, as they will not feel they are unloved and unwanted but rather accepted and supported by both parents.

Court actions

A paternity action is a civil lawsuit, not a criminal case; therefore you can keep your battles legal and civilized with the help of a Thousand Oaks paternity attorney. Actions after the father’s death require that the father had said or done something to acknowledge the child.

These are the people that are legally entitled to bring a paternity action:

  • Child’s mother
  • Alleged biological father
  • Person representing the child
  • An agency handling child neglect cases
  • A prosecutor’s office

Some requirements for paternity actions include:

  • A citation about the paternity statute
  • Residency statements for the complaining and responding parties
  • Child’s name and birthdate
  • Statement that covers how is the relationship between both parties
  • Other statements that support the paternity

The person filing this action will have to provide all these documents and pay the filing fee. This process may take a while and it can be frustrating when the responding party refuses to cooperate and ignore the requests. This is why it’s always advisable to hire an attorney with experience in these legal matters. Remember that a court may not order the paternity test just because you filed an action. They will first review the information and determine its validity. Once the court determines the paternity, you will need a copy of the order to establish your current and future paternity rights.

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