Paternity

The attorneys at Richard Ross Associates specialize in family law and divorce matters throughout Ventura County and neighboring areas, including actions brought to establish or challenge paternity in a stand-alone proceeding or within the context of a divorce action.

Establishing Parentage

There are several different ways that paternity or parentage may be established when a child is born to unmarried parents.  The easiest way is for the parents to sign a Voluntary Declaration of Paternity.  This can be accomplished at the hospital shortly after birth, but it can also be done at a later date.  If a couple has registered as domestic partners when the child is born, then the partners are considered by law to be the parents, although the law in this area is fairly new and the subject of constant litigation in the courts and amendment in the legislature.  Obviously, if a couple is married when the child is born, the husband is considered to be the legal father, yet even this presumption may be challenged.

When the presumption in favor of a legal father is challenged by a third party, or when paternity is not legally established in any father, a court proceeding may be required.  Either an individual or a local child support agency may bring an action to support parentage.  A Voluntary Declaration of Paternity may be canceled either by filing a Rescission (cancellation) Form or by bringing a court action to set aside the declaration.   At a courtroom hearing to establish or challenge paternity, the parties may present evidence and testimony in support of their respective positions.  Genetic testing is often used as a method of proof when the identity of the father is in question.  In any trial, it is important to be represented by a lawyer who is skilled and experienced in the courtroom and has handled the specific type of case you are dealing with.

Paternity and Divorce

The issue of paternity often arises in the context of a divorce.  A father has a legal duty to support his children financially.  In fact, it is a crime for a father to fail to provide for his children's financial support.  On the other side of the coin, a legal father has a right to custody and visitation which cannot be denied unless it is determined by a court not to be in the child's best interest.  For these reasons, paternity may be sought to be established, or it may be challenged in the context of a child custody or child support determination.

Family Law Specialists On Your Side

Establishing parentage has significant legal consequences for both parents, children, and the entire family.  Whether you are seeking to establish or challenge paternity, you need a skilled and knowledgeable practitioner on your side.  If you are dealing with issues of paternity in a divorce or as a separate matter, contact Richard Ross Associates for advice and assistance.