Santa Ana Father’s Rights Attorney
In life, becoming a father is one of the most important milestones a man could experience. For married couples, exercising their right to help with key decisions for their child and contributing to their needs is easy. However, in the case of divorced or unmarried fathers, some problems might hinder them from exercising this right.
While California law recognizes that both a mother and father – married or unmarried – have equal rights in deciding for their child’s future, there is still a necessity for unmarried fathers to establish their paternity right to the child before they can request for equal rights to be involved in their child’s life. Why? Without legal recognition of their paternity, they may find it difficult to convince their child’s mother to let them become involved in their child’s life. They will also find it difficult to contest the mother’s custody claim, if there is a due reason that they should be given to the father instead.
Whether you are a divorced father, an unmarried father, or a married father who wants to make sure that the child you consider your own is legally recognized as your child, you can trust the Santa Ana father’s rights legal team of Orange County Divorce Lawyer to help you establish your rights. It is our goal to help you build a relationship with your children and exercise your rights as a father. Give us a call any time, and we’ll be with you to provide legal support when you need it.
Call Orange County Divorce Lawyer today at (714) 581-9057 for your Free Consultation with an Santa Ana Father’s Rights lawyer!
Establishing Father’s Rights
Under California’s Family Code, “paternity” and “parentage” are used interchangeably to discuss a father’s rights to their child. A male individual is assumed to be the father of a child if they are born into a marriage, and the mother’s husband is the father of the child or if the male has been living with the child’s mother in a family-like manner and contributes to the child’s well-being.
If these circumstances are not present, paternity can be done voluntarily by signing a “voluntary declaration of paternity” or by a court paternity order. A court paternity order can be requested by any person, such as the child’s mother or a male who believes or identifies that they are the possible father, and agencies such as a local child support agency or adoption agency. The court may then order the identified father to undergo DNA testing, and if they decline, they will see it as evidence of paternity.
If paternity is established, the courts may rule differently when it comes to who gets child support or custody. The courts will consider what is best for the child’s interest and see if the parents are able to provide for the child, especially if they will be given sole custody. Nowadays, fathers are cited as the primary custodian for some cases and are given the same rights as mothers to seek child support to help with their child’s needs.
The Importance of Legally Protecting Your Relationship
While the law allows the parents to agree on an informal agreement to enable the other parent to see their child and build a relationship with them, there are cases where the mother might suddenly withdraw from this agreement.
Under California law, the child does not have a father until paternity is established, and until then, the supposed father will not have any legal rights or responsibilities even if they know that the child is theirs. Without court involvement, the mother can withdraw from the agreement at any time they want without providing a reason and end all connections with the father.
But, if paternity is cleared and established, the mother will have no choice but to permit the father to see the child and establish a relationship with them. The court can also order child custody and support arrangements, which can be favorable to you. Orange County Divorce Lawyer can help you establish your paternity legally and help you fight for your right to be a parent to your child.
Divorced Father’s Rights
For parents who have separated or divorced, California’s courts still recognize the father’s right to be involved in their child’s life may be through time visits or by deciding on key issues for the child such as their religion, residence, and discipline.
Unlike unwed fathers, they do not need to establish their paternity to assume these rights.
Orange County Divorce Lawyer can help you gain access to legal options should there be problems in applying your father’s rights after your divorce. We can ask the courts to intervene and force the other party to agree to a custody and timesharing agreement that will allow you access to your child. Should there be a need to involve the courts, we can represent your position.
Contesting Established Paternity
Sometimes, a child’s paternity can be questioned, given evidence that it may be possible. There have been instances where a child’s father was proven to be another person even after the years they spent with their supposed father. Other cases involved mothers writing a person’s name as the father even if the person in question did not have a long relationship with the mother. For these cases, you will need a team like Orange County Divorce Lawyer’s Santa Ana father’s rights legal experts to help you sort out these issues.
If a father, or an unmarried man who is said to be the parent of the child, is questioning the paternity claim, the family court can request them to undergo DNA testing. The samples from both the mother and father will be taken by an approved laboratory, which will then see if there is a basis for their concerns or not.
Our Santa Ana father’s rights legal team can help you request the court to approve a DNA test to be done to ensure that the paternity is clear for the child. Our team will also help you maintain a strong relationship with the child should the paternity prove that they are not their parent. We can also offer you legal options you can look into to reduce the negative impacts the ruling may create.
Let’s Talk Now – Free Consultation
Orange County Divorce Lawyer understands how important it is for fathers to also be recognized by the law in order to exercise their right as a parent to their children. As a father, it is important that one builds a relationship with their children to help with their growth and development.
With our team of talented Santa Ana father’s rights legal experts, we can help you establish your rights, sort out any paternity issues, and help with visitation or support arrangements. Let us show you how it is done, and we will prove to you that you did not misplace your trust when you reached out to us to be your reliable family law firm.
Call Orange County Divorce Lawyer at (714) 581-9057 for your Free Consultation with an Santa Ana Father’s Rights lawyer!
