If you are facing a Divorce, Separation or a break-up which involves children, you need JB Dath Law.  In the eyes of the law (whether the parents are married or not) Paternity needs to be established. Every so often we see cases where the Father just becomes aware of a child from a relationship which he feels may be his child or sometimes he feels that he may not the biological father and needs to prove this. In all of these various cases the law provides for different presumptions and procedures. This is why you need an experienced Family law attorney like JB Dath Law on your side.
“I had no idea this child was ever born. Then one day I received papers asking for Child Support. JB Dath Law helped walk me through this very intimidating process. After paperwork, stress and waiting for the results, DNA tests determined that I was not the biological Father and JB Dath was able to help me establish this legally. “  G.S. 2013

Married Couples:

When a married couple is living together and a child is born, as long as the husband is not impotent or sterile, it is presumed that the husband is the father.  In several limited situations, this presumption may be challenged.

Never Married – Signed Declaration

If the parents of a child were never married there are different set of issues the parent must contemplate regarding the issue of paternity. Parents who were not married at the time the child was born may legally establish paternity through the execution of a Voluntary Declaration of Paternity, which is a document commonly available at any hospital.  This voluntary declaration includes a statement by both the mother and father stating they each believe the declared father to be the child’s biological father and that they consent to paternity being legally established.

Never Married – No declaration of Paternity

Unmarried parents that have never signed a voluntary declaration but are trying to establish paternity or prove otherwise must petition the court or fight the allegations that were filed.  This requires a parent to file a Petition to Establish Parental Relationship. This Petition to Establish Parental Relationship does not allow the court to make orders regarding child custody, child visitation and child support.  The Petition to Establish Parental Relationship only allows the court to determine paternity. Often this involves DNA testing. Once Paternity is established if a parent wants the court make orders regarding child custody, child visitation and child support, the parent must file a separate motion for those particular issues. We are very familiar with this process and would be happy to help you through this often complicated issue.

Here at JB Dath Law, our team is experienced in all facets of California Paternity law and we are here to guide parties through and intricacies of paternity, from either establishing paternity to contesting paternity. Whatever your situation is we are here to help!

Call today to schedule your free initial consultation and case analysis.

1 (855) GET-JBDATH or Locally: (530) 574-2076