Family Matters.
When It Really Matters.

How is Paternity Resolved in San Diego

On Behalf of | Sep 14, 2021 | Paternity

How is paternity resolved in San Diego?  If you are the father of a child and are not married to the mother of the baby, how do you protect your right to see your child and participate in important decisions in the child’s life?

If a baby is born to a husband and wife California law presumes the child to belong to the couple and they share equal custody rights as well as financial responsibility for the child under the law until a Court says otherwise, such as in a divorce or other child custody legal related action.

It may surprise you to learn that all physical and legal custody rights regarding a child remain with an unwed mother under California Family Law.  The father actually has no legal right to ensure he can regularly visit with his child or have a say in any important decision regarding the health, religious practices or even location of the child’s home.  If an unwed wishes to take her baby and leave the area, the State of California or the United States she is free to do so under the law unless and until the father of the law presents a legal challenge to the paternity of the child.

What is paternity under the law and how is paternity resolved in San Diego child custody and parenting time cases?  In many cases the mother and father of the child have signed a “declaration” at the hospital.  This may establish a legal presumption regarding the father of the child as well as his child support obligations.  However, child custody and parenting time orders for the father can only be issued by the Family Court.

If you are an unwed father or are not married to the mother of a child and wish to protect your ability to see your child and participate in important decisions in the child’s life you need the immediate advice and counsel of the experienced paternity and child custody attorneys at Burke & Domercq.  Until you assert your legal rights as a father the mother is free to make all decisions regarding your child.

How is paternity resolved in San Diego family law cases?  Filing a case to establish your paternity of the child and seeking orders from the Court regarding child custody and parenting time are the only way to protect your rights as a father.

Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.

Archives

Categories