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What is a “Petition to Adjudicate Facts of Parentage”?

What is a "Petition to Adjudicate Facts of Parentage"? - Lawyer talking with divorcing couple9

What is a “Petition to Adjudicate Facts of Parentage”?

When a child is born, the parents of that child are added to the birth certificate. At the time, the parents that are believed to be the actual birth parents or legal guardians at the time are added, but it is not always right. You can file a petition to adjudicate facts of parentage in order to change the parents listed on that child’s birth certificate.

Dealing with changes like this is a big step, and people tend to address this problem during divorce cases. If you or someone you know is getting involved in a divorce case, they should talk to a lawyer before filing a petition to adjudicate facts of parentage. The Law Offices of Bradley Bayan helps clients with divorce and family law issues like parentage.

How Parentage Works In California?

In California, parentage is decided at birth. The mother of the child is automatically added to the birth certificate, creating a legal document establishing the connection between a child and one of its parents. The other parent can be added at birth if both parents take steps to establish parentage.

If the couple is married, this is easier to do since the other parent can be easily identified. Unmarried couples can also add the other parent easily by filing the VDOP forms that voluntarily confirm parentage by both parents. Otherwise, the second parent is left off of the birth certificate.

Involving both parents on the birth certificate is important because it is the primary document for establishing a legal connection between parent and child. If a parent has benefits or other privileges, such as military benefits, having them listed on the birth certificate makes getting those privileges much easier.

Why File a Petition to Adjudicate Facts of Parentage?

There are times when removing a parent or changing the parents listed on the birth certificate is needed. In cases where one parent remarries and the second parent adopts the child, the birth certificate should be changed to match.

Filing the petition is the way to make adjustments to who is listed on the birth certificate. However, any attempt to do so should be taken very seriously since it can impact other aspects of parenting, like guardianship.

What Happens When a Parent is Removed From a Birth Certificate?

When a parent is removed from a birth certificate using the petition to Adjudicate Facts of Parentage, it may affect issues such as parental rights and guardianship. Usually, this process is reserved for when the parents are divorcing and one needs to maintain guardianship of the child.

Schedule a Consultation With a Redwood City Divorce Lawyer

If you are in a situation where you need to change who is on a child’s birth certificate, contact a Redwood City Divorce Lawyer as soon as possible. You should have legal support when making changes to such important documents. Contact the Law Offices of Bradley Bayan at (650) 364-3600 to schedule a free consultation.

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