Mission Viejo Father’s Rights Attorney
Parenthood is an opportunity that not many are able to experience, and it is a huge responsibility for both the mother and the father. For the father, he is responsible for protecting his children from the harsh realities of life and providing for their needs. Unfortunately, not everyone is able to enjoy the privileges of fatherhood because they are not married to their child’s mother or have recently divorced.
In California, both parents have equal parental rights to their children. However, if they are not married, the supposed father must prove his paternity. Divorced fathers do not need to worry about this issue since their rights were already established before the divorce. Once the court recognizes these rights, the child’s mother must acknowledge them unless she can prove that the father should not be granted such rights.
Mission Viejo Family Law’s experienced team of Mission Viejo father’s rights lawyers is ready to assist fathers who are unable to exercise their paternal rights or wish to challenge them in court. We will handle your case with care to ensure your rights are recognized and your relationship with your child remains unaffected.
Call Mission Viejo Family Law at (310) 564-2587 for your Free Consultation with a Mission Viejo Father’s Rights Lawyer.
How is Father’s Rights Established in California: What You Need to Know
Paternity is described in California’s Family Code as the establishment of both parents, especially the father, as the legal parents of a child. A man is immediately considered the child’s father if the child was born during the couple’s marriage or if he has been living with the child’s mother for a while and took an active role in the child’s upbringing.
If the father is not married to the child’s mother, he can establish paternity by signing the Voluntary Declaration of Paternity at the child’s birth or by filing a claim before the court. If the court is involved, the judge will look at the father’s readiness to fulfill his role and the child’s best interest.
The Mission Viejo father’s rights lawyers of Mission Viejo Family Law can help you understand the best legal action to take to establish your father’s rights, especially if you are not married. You can also count on us to explain your new responsibilities and other legal issues you may face once your paternity is recognized.
Benefits of Proving Your Father’s Rights for You and Your Children
Whether you are still considering it or currently fighting for your father’s rights, there are many reasons why you should fight for them. As the father, your opinions will now matter in helping your child reach their goals and actively achieve them. You will also be able to build a strong connection with them, which would not have been possible if you had not been legally recognized as a legitimate parent. The court will also consider your position should you end up facing family legal issues such as divorce, child custody and support, and domestic violence.
Knowing their legal father will reassure your children that he is there and ready to support them with their goals. They are also less likely to become delinquents since they have both parents to guide them through life. Access to their father’s medical history and financial benefits will also help these children in the future, especially if they develop health complications.
Your assigned Mission Viejo father’s rights lawyer will help you fight for your rights and exercise them for your and your children’s benefit. If your child’s mother continues to deny you, we will go to court on your behalf so the issue can be resolved legally.
Divorce and Its Impact on Your Paternal Rights
If you are getting a divorce or in the middle of the proceedings, your rights as your child’s father are unchanged.
This means you still have equal rights to your child’s well-being and fight for it in court in case your child’s mother doesn’t recognize your rights after the divorce.
Let our Mission Viejo father’s rights lawyers assist you in protecting your father’s rights after you get a divorce from your child’s mother. We can get the court to take action to force the other party to recognize your rights as the child’s father and be involved in their life.
You can also ask our assistance to fight for custody if you believe the child’s mother will not be able to provide for them after the divorce.
Challenging Established or Supposed Paternity in California
While it is not common, there are instances where fathers discover that the child they consider their own isn’t truly theirs. In other cases, some men are allegedly the child’s father, but they have reasons to question these claims. Some men even find their names written on a child’s birth certificate without their knowledge or were forced to sign it.
For these cases, California allows men to use legal avenues to challenge any paternity claims. The most common method is through a court-sanctioned DNA test, which will identify who the child’s true parents are. Court trials may also be requested by the alleged father to present their counterargument and have the court decide on the issue. If fraud or coercion is involved, the man can contest it before the court within 60 days and present their evidence.
Mission Viejo Family Law can assist you in contesting paternity and guide you through the legal battle that will definitely follow. Our team will also assist you in preparing the evidence and getting your schedule sorted out with a court-sanctioned clinic for the DNA test. We will be thorough with our legal support during this case and ensure your relationship with the child is not negatively affected as best as we can.
Free Consultation Today
Not everyone is fit to be a father, but if you are set on fulfilling your role, there are legal avenues you can take to make your role legal and recognized by all.
Contact our Mission Viejo, CA family law firm at any time to get the legal process started to legalize your paternity and support you throughout the proceedings. Rest assured, once the case is done, you can confidently fulfill your role as a father and strengthen your relationship with your children.
Call Mission Viejo Family Law at (310) 564-2587 for your Free Consultation with a Mission Viejo Father’s Rights Lawyer.