Key Benefits of Establishing Paternity in California
Establishing paternity is an important legal step that can have a positive impact on both the child and the parents involved. Here are some key benefits of establishing paternity:
- Legal Rights: Establishing paternity gives the child legal rights to financial support, inheritance, and benefits such as health insurance or social security.
- Emotional Connection: Knowing the identity of both parents can help the child develop a sense of identity and belonging.
- Access to Medical History: Establishing paternity allows the child to access important medical information from both sides of the family, which can be crucial for healthcare decisions.
- Child Support: Establishing paternity can lead to the establishment of child support, ensuring that the child's financial needs are met.
- Parental Rights: For fathers, establishing paternity grants legal rights to visitation, custody, and decision-making regarding the child's upbringing.
Contact our experienced Palmdale paternity attorneys at Law Offices of John C. Bigler today to schedule a consultation and navigate the process of establishing paternity in California.
How to Dispute Paternity in California
If an alleged father wishes to dispute paternity, he can submit to blood or DNA testing. The child's DNA will resemble that of the father and the mother. If the test is ordered by a court, the process can be very expensive for both parties. California courts do not accept any form of private DNA tests but instead require processing by approved testing providers. Paternity is important in any divorce case involving children.
Contact our firm today if you need assistance with a parentage issue in California. Our Palmdale paternity lawyer is ready to assist you! Attorney Bigler is a certified family law specialist and has 25 years of experience with paternity and other family law matters.
To speak with our experienced Palmdale paternity lawyers, give us a call at (661) 368-1181 or contact us online today.
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Commonly Asked Questions
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What is a first right of refusal?
A first right of refusal in a family law context is the opportunity to care for your children when your ex is unavailable to care for them. Family code section 3040(a)(1) sets out the 'priorities' when a Court makes a custody order. The family code states that if both parents are adequate parents the court must order custody to both of them. The Court is forbidden from awarding custody to a third party in this circumstance.
It is this 'parents get priority' policy that drives a first right of refusal order. The idea that if you are unable to care for your child due to work or other responsibilities, then you must offer the child to the other parent first before handing the child over to a third party for child care.
The court typically sets a time limit (I recommend 6 hours or more) that you can be away from your children before having to offer the other party the opportunity to care for them. This is not a mandatory provision. The Court has the discretion to make this order only in appropriate circumstances.
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Who can receive visitation rights?Visitation is ordered when it is the best interest of the child in California. Supervised visitation is imposed when one parent is abusive or neglectful to the children. Visitation can often be supervised by an agreed upon family member or a professional monitor if the parties cannot agree.
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Who can receive spousal support?
Spousal support, formerly known as alimony, is a set amount of money that is paid by one spouse to another in the case of divorce or a legal separation. Whether you are the husband or the wife, you can apply for spousal support, depending on certain factors. The purpose of alimony is to even out the financial futures of each party. We can fight for your right to spousal support or against the other party's request for spousal support.
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What if I was married in another state but I want to file for divorce in California?If you and your spouse were married in another state, you can file for divorce in California. The only requirement is that either you or your spouse must have lived in the state for six months and in the United States for three months.