In today’s modern times, it’s not unheard of for a couple to have a child out of wedlock. Typically, when a married couple has a child there is no legal right of paternity that needs to be established. The state of California assumes that the husband and wife are the mother and father. However, in the event an unmarried couple has a child, in order for the father of the child to receive legal rights, the couple will need to establish paternity of the father.
In order to do this, they must file a declaration of paternity when the child is born. The California Department of Social Services offers the Paternity Opportunity Program to help establish the legal relationship between unmarried fathers and their sons and daughters.
Why Should I Establish Paternity?
Establishing paternity provides you with the same legal rights as the mother of the child. This includes but is not limited to:
- Inheritance Protection – You can make sure that your child gets everything that they are entitled to in the event of your death.
- Medical and Life Insurance Coverage – You can make sure that your child is a part of your medical and life insurance coverage.
- access to medical records
- family rights such as child custody, child visitation and child support.
Establishing Paternity and Family Law
There is a negative connotation regarding paternity tests, that it’s only used for women who don’t know who the father of their child is. Although this does frequently happen on daytime talk shows, that is not always the case. There are many reasons as to why someone would request a paternity test and need help establishing the paternity of their child.
Getting The Support You Deserve
When you are a single parent, getting the support you need is critical. If the biological father denies the fact that he is the father of the child, you can work with the Department of Child Support Services to request a DNA test. Once DNA confirms that he is the biological father, a chain effect will happen. Within 4-6 weeks, you will receive a notice of a hearing to establish paternity and child support.
Get Full Access To your Legal Rights
Perhaps you want to be involved in the child’s life but the mother is refusing to let you visit or denying your rights as the biological father. An establishment of paternity can help you
get the legal rights. Once you establish that you are the father of the child, you will be able to seek child custody and child support as well as visitation rights. An experienced family law attorney will be able to help you with all the court filings and be an advocate for you to be present in your child’s life. The judge will decide what is in the best interest of the child and everyone will be mandated to follow the court’s rulings.
Despite the fact that you are not married does not mean you don’t have a loving household for your child. Marriage is not necessarily the best solution for everyone. When you are an unmarried couple but have a child together, once parentage is established, you can work with any family attorney to create a child visitation, child support, and custody agreement together.
Contact Our Paternity Attorneys in San Diego
If you need help establishing paternity so you can collect child support, fight to have custody of your child or are looking to work collaboratively to come to an agreement about the future of your child, then contact any one of paternity attorneys. We will work with you to ensure that you child can have a successful future and get the financial and emotional support from two loving parents.