Paternity Cases in Roseville, CA
Questions About Paternity
Relationships can come in all forms and this can present itself in family
law cases. For some couples, there may be questions as to who the father
is. The questions may be raised by the mother or an alleged father. At
the Law Offices of Frank F. Ali we understand the difficulty of these
situations and we look to provide further clarity. We understand the importance
of this matter and that is why we offer efficiency to find a solution.
Call our firm to have your questions answered by our Roseville
divorce lawyer and to gain greater insight as to the route your case should take.
By establishing paternity, the biological father can be determined and
this may be needed for a number of reasons.
Why should paternity be established?
Paternity may be necessary for a number of causes and when a case has
come to a standstill, establishing paternity may be the factor to get
it moving in the right direction. A father or mother may choose to have
it looked into for reasons of their own. One of the most obvious reasons
is that the individuals involved will want to know who the biological
parents are. Monetary reasons are important as well and this detail can
change payments of
spousal support and other relevant issues. A child has certain benefits from each parent
and if paternity can be established, this may offer them a greater amount.
For medical reasons it is important to know the identity of both parents.
This can be a key to any health concerns and the family history can be
looked at in regards to illness.
Paternity should be determined for custodial reasons as well. As a biological
parent, there may be greater rights to custody over the child. On the
other end of the spectrum, a mother may need help taking care of the child
and by determining the rightful father the court can hold them accountable
to take care of the child as well. If a couple is married, the husband
will automatically be put as the father on the birth certificate. If an
unwed couple has a child together, parentage needs to be established.
Even if a man can prove that he is the biological father, he will not
be given rights or responsibilities at this point. A court order needs
to be obtained for this or an official Declaration of Paternity needs
to be signed.
Who can request a paternity test?
Either parent can request that a test be taken. The court can also order
this if they find reason to do so. If the test will be allowed will be
depended on the circumstances and it is best to discuss the specifics
of your case with a professional.
How is paternity established?
The best way to determine paternity is through genetic testing. Since
DNA is transferred from the biological father and mother, his will be
compared to the child to see if it is a match. Generally a sample of the
alleged fathers DNA will be taken through a swab of saliva with a Q-tip.
What if a father will not acknowledge paternity?
In many instances a father will choose to avoid acknowledging paternity.
This may be for any number of reasons, including that they do not want
to have to take on the responsibilities that comes with having a child.
In these cases a court order may be necessary for a paternity test. This
will offer harder evidence that can hold the individual responsible.
What does it mean if paternity is voluntarily acknowledged?
Through voluntary Declaration of Paternity, paternity may be voluntarily
acknowledged by the two parents. It will need to be signed by both of
them and it sets them as the legal parents over the child. Neither party
can be forced to sign this, and if it is voluntarily signed it will carry
the same outcome as a court order for paternity would. The Declaration
of Paternity will need to be filed with the California Department of child
Support Services Paternity Opportunity Program.
How will paternity influence child custody or child support?
Once an individual has been determined to be the father, they may be accountable for
child support. They may also be able to pursue custodial rights. If an individual is
not found to be the father, they will not be responsible for child support
or able to seek
custodial rights over the child. A paternity test can show who the father is, but
some couples can choose to name someone as a father even without this test.
Can support be given if the identity of the father is uncertain?
In these cases support cannot be sought. A biological parent can be held
responsible by the court for their child, but if that person cannot be
identified then there is no one to seek support from. That is why it can
be critical to establish paternity; so that the father can be determined
and obligated to support if the court finds reason.
Our firm is highly qualified in
family law issues, including establishing paternity. We work with individuals in
these cases to find resolutions, whether they are a mother or father dealing
with a question of paternity.
Contact our firm as soon as possible and receive legal guidance each step of the way.