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 your divorce case.
In a recent case heard by the California Court of Appeals, a couple had a son before they married. Prior to the son’s birth, a paternity action was filed, and a judgment was entered. Several years after the child was born, the couple married. However, within 3 years of their marriage, the couple filed for divorce.
In this case, the Court of Appeals stated, “In California, paternity actions, like divorce actions, involve a determination of the separate rights…of [the] parents for their children. The marriage…by those parents automatically creates joint rights and liabilities for custody and support…and extinguishes any preexisting order. Upon termination of the marriage custody and support issues will be visited anew.”
Therefore, if the parents of a child born out-of-wedlock marry after a paternity judgment has been entered, the custody and future support provisions of the paternity judgment are nullified. The divorce proceedings will now control as to all court orders.
If you are thinking about filing for divorce or are in the middle of divorce proceeding which have child custody, visitation and support issues, it is important that hire a divorce lawyer who can fight on your behalf and make sure you get the best orders possible. Wallin & Klarich has experienced Orange County divorce attorneys who can help you with custody and visitation issues. If you have questions or concerns about your case, call us today at 888-749-7428.
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