When parents split up, determining child custody, child support, and other related issues can be challenging. In many cases, it can take some time to figure out exactly how to work out these issues.
The courts generally look at a variety of factors when determining which parent will have primary custody and how much each parent will need to pay in child support. However, there are times when the information provided isn’t quite enough for the judge to make an informed decision.
Establishing who the father is a key starting point in any custody case. Sometimes both parents can file a declaration where they jointly state who the father is. However a paternity test might be necessary if you’re trying to prove that you’re the biological father of your child or disprove that you are not the father and therefore not responsible for the child’s support.
What is a Paternity Case?
A paternity case is a legal case in which a father’s paternity of a child is called into question. A paternity case may be opened when a child is born to a mother who is not married or when the biological father of a child is unclear. In some cases, the biological father may acknowledge the paternity of the child, while in others, a court order may be required to establish the legal father. A paternity petition may be filed by either the mother or the father of the child. The father may want to file if he believes he is the father and the mother is not allowing visitation or access to the child. The legally recognized father has parental rights which the court can enforce.
How is Legal Paternity Established in California?
Paternity can be established in California in several ways. If the father and mother are married to each other at the time of the child’s birth, the husband is presumed to be the legal father. If the parents are not married to each other, the father can establish paternity by signing an acknowledgment of paternity or by court order. An alleged father is a man who is accused of being the child’s father but has not yet been proven to be the legal father. The legal father is the man who has been proven to be the child’s biological and legal father.
Who Can Ask for a Court-Ordered Paternity Test?
Paternity tests can be requested by either the mother or father. In some cases, the court may order a paternity test. The father is the biological father of the child if his DNA matches that of the child. In another case, the mother and father are the legal parents of the child if they are married to each other at the time of the child’s birth. However if a man believes his wife was unfaithful, he may want to establish paternity in case the child is not his. A DNA sample is needed from the father to see if he matches the child to confirm paternity.
What if the Mother or Father Refuses to Participate in the Paternity Test?
If the mother or father refuses to participate in the paternity test, the court may order the test so the child may still be able to establish paternity and receive child support. If the results of the paternity test establish that the man is the child’s father, then he will be responsible for paying child support.
How Much Does a DNA Paternity Test Cost?
A DNA paternity test is a laboratory analysis of a child’s DNA to determine if the child’s biological father is the man being tested. The test is over 99% accurate at determining paternity. The cost of a DNA paternity test varies depending on the laboratory and the type of testing but typically ranges from $300 to $1,000.
Why is Establishing Paternity Important?
There are many reasons why it is important to establish paternity. When the father of a child is unknown, the child may have difficulty accessing social security, inheritance, and financial support from the father. Additionally, the child may be ineligible for certain medical treatments and benefits that are available to children with known fathers. Establishing paternity can also help the child obtain child support from the father.
A father who has not established paternity can not legally obtain his visitation. Many fathers want to be in their child’s life and have to establish paternity to have a legal leg to stand on.
Schedule a Consultation With a Redwood City Child Support Lawyer
Contact the Law Offices of Bradley Bayan at (650) 364-3600 to discuss your questions about visitation plans and what will work best for your unique situation. We are here to help you create a plan that works for both your schedule and the needs of your child. We will also help you enforce the plan if your ex-spouse or partner does not follow it.
