Rancho Santa Margarita Paternity Lawyer
With over 100 years of combined legal experience, our team is highly qualified to provide legal services for your most difficult family circumstances.
Rancho Santa Margarita Paternity Attorney
Taking a paternity test can clear up a child’s parentage and help determine the biological parents. Establishing paternity not only helps the father have his legal rights to see a child but also assists the mother.
If you need a Rancho Santa Margarita paternity lawyer and rights attorney, DeArmey Law can help. The team is ready to help mothers or fathers establish parentage and to explain how this changes a dynamic. They can walk you through every step and check all paperwork before you send it out.
Can DeArmey Law Help With Paternity?
DeArmey Law is a team with over 100 years of combined legal experience. Matt DeArmey accounts for over 20 of those years with his work in the legal field. He’s worked cases for family law disputes, criminal defense trials, and real estate issues. DeArmey Law is armed with the experience and knowledge to guide you through a paternity case with compassion and excellence.
Why Should You Establish Paternity?
For a child born to a married couple, California assumes both individuals are the parents of the child. The state also assumes this for couples who aren’t married but live together at the time of birth. In cases where a child is born out of wedlock, and the mother does not live with anyone, the parentage of the child is up for debate.
When an unmarried couple has a child in Rancho Santa Margarita, they may choose to fill out a voluntary paternity acknowledgment form. The form will give both parents legal rights to the child if they sign the forms. Same-sex couples can also make use of a voluntary paternity acknowledgment form. In these cases, only one parent will likely be the biological parent of the child. This form will give both parents the full legal right to be in the child’s life.
Establishing paternity gives a father the full legal right to see his child and be a part of their life. These rights include things like custody and inheritance. Legally establishing the parentage of a child allows all parties to have the same legal protections as they would if both parents were on the birth certificate from the start.
In cases of disputed parentage, legally establishing paternity is even more critical for both parties. Some fathers will attempt to deny being the father of the child and dispute parentage. In these cases, a paternity test can prove who the father is and help the mother receive child support payments and other financial assistance while raising the child. For the father, a parentage dispute means the risk of not being able to see your child or have a say in their life. Establishing paternity allows the father to be there for all the big decisions and have a legal right to visit the child.
How Does Establishing Paternity Affect My Rights?
Establishing paternity gives both parents rights and access to benefits. Here are some of the ways these rights change when a couple legally establishes paternity.
Visitation and Custody
If the parents decide they do not wish to live together, the parent who does not have primary custody still has a right to see their child. The two parties may negotiate separately and come to an agreement, or they may take the issue to a judge in family court and let the court decide how custody works. The courts in California break custody down into two categories. Those categories are physical and legal custody. When negotiating with a judge, both parties will want to try and establish who has the right to each type of custody.
Legal custody involves making decisions in the child’s life. These are decisions such as what school they will attend, what religion they will follow, dietary restrictions, and other major decisions parents face when raising a child. If both parents have legal custody of a child, they must work together to determine the right course of action for their kid. Many judges will allow both parents to share legal custody.
Physical custody deals with who is responsible for primarily housing the child. Parents may choose to split the physical custody or allow one person to handle it nearly 100 percent of the time. Judges may also determine who should provide physical custody of a child based on home situations, financial positions, and other factors.
For couples on good terms, not having legally established paternity will likely not affect the ability to visit a child. If the situation turns sour and the couple seeks a divorce or separation, fathers without established paternity will lose many of their legal rights. If you don’t have paternity, the other parent may deny you the right to see your child. Establishing paternity and having the appropriate documents allows you to advocate for visitation or custody with a judge in family court during the divorce or separation proceedings.
Child Support
Establishing paternity allows the parent with physical custody to seek child support payments. These payments allow the parent housing the child to have money to provide necessities for their child. Child support payments make sure both parents are financially responsible for a child’s well-being.
Inheritance
When it comes time for a parent to pass along their assets to a child, establishing paternity will assist children when there is no will. Legally establishing paternity through a DNA test or a voluntary form will give a child the right to assets when the deceased does not have a will established.
Social Security
Social Security has benefits children can receive through their parents. Establishing paternity allows your child easier access to these benefits. Additionally, establishing paternity will help children with any parental worker’s compensation or veteran’s benefits.
Health Insurance and Medical Records
A father establishing paternity will be able to have full access to their child’s medical records. Additionally, if the father has insurance, he can pass those benefits along to his child once he has legally established paternity.
What Does the Paternity Establishing Process Work?
In cases where both parties are on board with the process, determining paternity is as simple as having the father, mother, and child all submit to a DNA test to confirm or deny paternity. In cases where one party disputes the paternity, the court may order all the parties to take a paternity test. The court will attempt to locate the alleged father and compel him to submit to a DNA test. They will analyze the data to see if the DNA is a match. After the test, the court may order the father to pay child support or assist in other ways.
What Is Family Law?
Family law is a complex umbrella of the legal system, covering many disputes between parents. Of course, family law includes paternity disputes, but it also extends to other parts of a child’s life, such as determining any child support payments and who has custody of the child. Disputes over children are one of the most common reasons for someone to end up in family court.
Children do not need to be a factor for someone to end up dealing with family court. Family court judges also help couples settle disputes regarding divorce, premarital agreements, and separation. Family lawyers often focus on helping with divorce proceedings and making sure their client has their rights protected during the proceedings.
Domestic violence also falls under the purview of family law. A judge can enact a protective order or some form of restraining order to try to prevent further violence from the offender.
Family law often involves negotiation between the two legal teams to try to reach a settlement all parties agree with. A judge’s rulings have finality to them, but lawyers negotiating can have some wiggle room to try and work something out and avoid a protracted court battle. This negotiation process is why you often want to hire a Rancho Santa Margarita family lawyer for your case.
Do I Need a Lawyer When Attempting to Establish Paternity?
The United States and California allow any person to represent themselves in court for any legal matter. Most people with extensive legal knowledge will tell you this is inadvisable, especially in matters in family court. While an attorney will not be able to change the results of a paternity test, they can ensure officials handle the process correctly and will help afterward.
When the court determines paternity, it may then require the newly determined father to pay child support. A Rancho Santa Margarita family lawyer can negotiate child support and advocate for you to get visitation and custody rights if you desire.
Family court is highly emotional, and the stakes are great. You should hire a professional to help you with the situation. They won’t have the same emotional biases you possess, and they know the laws better than you do.
Do I Need a Lawyer When Attempting to Establish Paternity?
The United States and California allow any person to represent themselves in court for any legal matter. Most people with extensive legal knowledge will tell you this is inadvisable, especially in matters in family court. While an attorney will not be able to change the results of a paternity test, they can ensure officials handle the process correctly and will help afterward.
When the court determines paternity, it may then require the newly determined father to pay child support. A Rancho Santa Margarita family lawyer can negotiate child support and advocate for you to get visitation and custody rights if you desire.
Family court is highly emotional, and the stakes are great. You should hire a professional to help you with the situation. They won’t have the same emotional biases you possess, and they know the laws better than you do.
DeArmey Law: Experienced and Compassionate Family Lawyers
We know how important establishing paternity is and the intense negotiations that occur after someone is established as a father. At DeArmey Law, we can assist with any family law matters. Our team has over 100 years of combined legal experience and can approach your case with empathy and knowledge. Contact us today for a consultation with our team to evaluate your case.
