I Believe I am the Father; Can a Paternity Test Help Me Obtain Child Custody?
I Believe I am the Father; Can a Paternity Test Help Me Obtain Child Custody?
Many times, a father will take a paternity test to determine if he is the biological father of a minor child when there is no marriage involved. Once it is determined that he is the biological father through DNA testing, the next step would be to file a Paternity Petition and a motion to determine custody and visitation rights assuming that the parties are unable to come to a custodial…
Read MoreDo Sperm Donors Have Parental Rights? [California Family Code Sections 7611 and 7613]
In today’s world, it is not uncommon for a woman to have a child that was conceived through artificial insemination. In these types of situations, the sperm donor can be an anonymous stranger or a friend or acquaintance to the woman seeking to have a child. If you were a sperm donor and are looking to establish your parental rights, you need to speak with a Wallin & Klarich family…
Read MoreHow to legally establish the paternity of my child (Family Code 7550 and 7611)
Paternity Tests The easiest way for you to establish the paternity of your child is through a paternity test. A paternity test will take a genetic sample from you, the alleged father, and the child, and calculate the probability that the alleged father is in fact the biological father of the child. It is important to note that only a paternity test that is authorized by the court will help…
Read MoreIf I Request a Paternity Test For Purposes of Child Support, Do I Have to Take a Paternity Test at the Lab the Department of Child Support Contracts With?[Family Code Section 7570]
When a mother seeks to obtain child support from the alleged father of her child and opens a case with the Department of Child Support Services (DCSS), DCSS will file a complaint to establish who the father of the child is and to set an amount for child support to be paid. In response to the complaint, the alleged father can deny being the father of the child and request…
Read MoreA Paternity Judgment is Annulled When the Parents of the Child Marry
Sometimes parents who have a child out-of-wedlock later get married after a paternity judgment has been entered. However, what happens when the parents file for divorce and the issues of child custody, visitation, and support arise again? An experienced divorce lawyer at Wallin & Klarich can provide you with the proper advice and guide you in the right direction with regard to the issues of custody, visitation, and support in…
Read MoreDisputing Paternity of a Child [Family Code Section 7600]
In determining paternity of a child, either parent can dispute paternity—either the mother or father. Generally, in cases where paternity of a child has not been established, a parent can ask for a paternity test. However, in cases where paternity of child has been established though a court order, it may be too late to ask for a DNA test. A knowledgeable paternity lawyer at Wallin & Klarich can provide…
Read MoreA Request to Determine Biological Paternity of a Child in Dependency Proceedings Must be Determined First Before the Court Considers the Child’s Best Interests
When a child is a party to a dependency proceeding, and there is a possibility that you may be the biological father of that child, upon your request, the juvenile court must determine paternity. You will need an experienced Orange County dependency lawyer to make sure your legal rights are protected. The juvenile court has an obligation to inquire about and determine the parentage of each child who is part of a dependency proceeding.…
Read MoreJustin Bieber Could Be on the Hook for Millions in Paternity Suit
On October 31st, a 20 year old woman filed a paternity suit against Justin Bieber, claiming he was the father of her 3-month-old child following a brief tryst at the Staples Center in Los Angeles last year. If in fact it turns out to be true that Mr. Bieber is the father of this child then he will be responsible for child support for that child until the child is…
Read MoreI was told by My Ex Girlfriend that I was the father.
Generally, this only comes up after the mother has decided she no longer wants the child’s presumed father in her and the child’s life. Without regard to how the child and presumed father may have bonded, the mother seeks to remove the presumed father by requesting a DNA test. Under the Uniform Parentage Act (Fam. C. §7600 et seq.) paternity is rebuttably presumed in favor of a man who meets…
Read MoreI am the father of my 9 month old daughter but the mother refused to put me on the birth certificate. Now she is not letting me see my daughter. What can I do to be able to establish my parental rights?
If you believe you are the biological father of a child but you are not named as the father on the birth certificate then you must go to court to establish your parental rights. You do this by retaining a lawyer and file for “paternity” of your child. If the mother “contests” your paternity then you will need to take a court approved paternity and possibly DNA testing. If it…
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