Paternity is the legal acknowledgment of a parental relationship between a father and the child. A kid born to a wife during a marriage is legally presumed to be the husband’s child, but this presumption may be rebutted with evidence to the contrary. A determination of paternity for putative fathers can be established through a voluntary acknowledgment of paternity, a court petition, or estoppel over time. Scientific proof, for example blood and DNA tests, is used to determine or refuse parentage of a child in paternity suits. Once paternity is established, a kid is allowed the legal rights of a child born in a marriage, like support from both parents, medical and life insurance coverage, and inheritance protection.
Orange County Paternity Lawyer
If someone is not married, however has a child, a paternity action may become needed to determine their legal right to visitation, custody, or child support. In our firm, we all support both mothers and fathers who are either looking to prove paternity or oppose it. No matter which side you are on, you can benefit from getting a knowledgeable Orange County family lawyer to help you through the steps involved in a paternity action. As with all other legal actions, paternity actions can be difficult so it helps you to obtain legal support and guidance from a professional.
Orange County paternity lawyer at our firm handle just about all legal matters surrounding the resolution of paternity, such as:
- Fathers’ rights
- Establishment of Paternity (DNA testing)
- Disestablishment of Paternity
- Time Sharing/Parenting Plans
- Child Custody
- Child Support
- Department of Revenue Actions
- Name Changes
- Adoption; Legal Guardianship
- Parental Relocation
Paternity Actions in Florida
Located within Orange County our firm provides representation for clients in paternity court cases all over the state. If you find yourself facing the emotional and sometimes complex problem of a paternity action, you’ll need an attorney who is compassionate and focused on fully knowing your own conditions. Orange County paternity attorneys at our firm not married dedicated to guarding the legal rights of our clients in Orange County paternity cases.
Paternity, as explained by law, is the legal recognition of a man’s relationship as a parent, between himself and a child. This can include his duties, rights and responsibilities to that child. When a kid is born out of wedlock, that kid isn’t going to automatically have a legal father with no a paternity action to ascertain the identity of the father. Every time a child is born to a married woman, that kid is presumed to have been fathered by her husband and as the presumed father of the child, her husband is designated certain duties and responsibilities by law. However if there is cause for uncertainty regarding the real biological father, a paternity action might be initiated by any of the parties involved.
Legal Paternity in Orange County
A legal Orange County paternity action may be brought by either the mother or the father. This may be regarding a kid born out of wedlock or even in every situation where the paternity of the kid is in question, such as just after a divorce settlement. Many ways of deciding on paternity are available using DNA testing.
It’s vital to establish paternity for several causes, which includes:
- Obtaining child support
- Being released from court-ordered child support for a child that isn’t your own
- Determining child custody (?parenting plan?)
- Getting a visitation schedule so you could also be involved in the parenting of your kid
- Parental health history as a vital piece of information for your child’s future health concerns
Handling the highly emotional matter of Orange County paternity and coming at a successful outcome needs the help of a lawyer who has knowledge of the difficult laws, patience, and an unwavering dedication to guarding the legal rights of his client. Orange County paternity attorney is dedicated to supplying the form of guidance that should be used to obtain the absolute best outcome for those who our firm represents.
Whether you are a mother seeking support for your kid, or a father who needs to determine your parental rights and visitation schedule, speak to Orange County paternity attorney today!
Orange County Paternity Suit – Petition To determine Paternity
In Orange County, the paternity lawyers at our firm concentrate on representing parents throughout Orange County and the state with issues related to proving paternity, child support, child custody and visitation, name changes and setting aside paternity judgments. Call now to get in touch with our attorneys and go over your case.
Just How Do I Establish A Parental Relationship Between A Mother or Father And A Child?
Just simply having your name on a childs birth certificate does not always mean you are the legal parent in the eyes of the court. At this time there not married a number of ways to establish your rights as a parent in the eyes of the court.
If a child is born to parents who are unmarried, or simply when there is a question as to who may be the father of the child born to an unmarried woman, the only way for a parent to determine and enforce their legal right as a parent is to file a paternity action in family court. This is true even if a parent executed a voluntary declaration of paternity at the hospital.
Exactly why Would Someone File An Orange County Paternity Action?
By filing a paternity action in Orange County, each parent has a right to carry out a non-invasive paternity test thru oral swab. In the event that the paternity test ends in a genetic match, either parent can seek to a judgment of paternity. Upon the entry of a paternity judgment both parents have the legal right to ask kid custody, visitation and support orders from the court.
Who May be Established As A Parent Under A Parentage Action?
Presently there are many others ways to determine a parental relationship, like:
- Voluntary Declaration of Paternity: Form signed by the father at the hospital establishes paternity upon execution. This can be rescinded within 60 days of execution.
- Parentage By Estoppel: A court can order a parent, though not the biological parent, to be the legal parent and get into a paternity judgment.
- Artificial Insemination: If the woman is artificially inseminated with a man’s sperm, along with his written consent, the donor can be proven as the legal father.
- Same Sex Parents: Under the case of Alyssa B., same sex parents could be established as the legal parents through a paternity action.
- Putative Marital Assumption: Parents who attempted to marry, however the marriage was void for some reason, would be the presumed parents in a child born of that relationship for reasons for establishing paternity.
Why Don’t Parents Who Are Married Have To File A Paternity Action?
There exists a marital presumption in certain states that when a child is born to a married couple, or even within 300 days of dying of either parent or the annulment or divorce of the marriage, the spouse is presumed as the biological father possessing legal rights concerning the kid.
Where Should I file a Paternity Action?
In order for some states to obtain jurisdiction (the ability) to enter a paternity judgment, the kid needs to be conceived, born, or artificially inseminated within the particular state. In the event that none of these prerequisites exist, the state in which conception, birth or artificial insemination occurred is the appropriate jurisdiction to file a parentage action. Further, although a child is conceived or born in another county besides the county, an Orange County court can still have the capacity to hear and enter orders with regards to parentage and the child determined by certain factors regarding the period of time a child has lived in Orange County.
I Just Learned Of A Paternity Judgment Naming Me The Father, Can I Get It Set Aside?
The brief reply is maybe. There are very specific policies enabling paternity judgments to be put aside, or voided. There are very strict timing requirements to registering a motion to set aside a paternity judgment. By putting aside a paternity judgment, a parent’s child support obligation is likewise set aside. Consult with a lawyer as soon as you learn about a paternity judgment or perhaps your wages begin being garnished for a support order. Call our offices to talk about this issue right away upon discovering of such judgment.
How Do I Change, Or Amend a Child’s Name on a Birth Certificate?
A name change of a kid has to be asked for and ordered with the family court. When the parents agree to the name change, a stipulation (agreement) is often filed with the family court. When the name change is contested or not decided, a motion should be filed in family court and the court will probably conduct a best interests study. Aspects the legal court will take into account include things like the age of the child, the period of time the child has used the present name, each parent’s level of participation with the kid and other factors that could be in the best interests of the child. Upon the family court ordering a kid’s name change, a certified copy of the order has to be delivered upon the Department of Health & Human Services together with the proper application as provided here.
Orange County Paternity Experts
Our Orange County paternity attorneys specialize in representing mothers and potential fathers in all types of paternity actions. Whether you want a paternity action to receive kid support or to never pay kid support for a kid you believe may not be your biological kid, or to establish custody and visitation rights, our experienced lawyers look forward to working with you.
As well as obtaining orders for child custody and kid support, usual issues related to a paternity action include things like getting a paternity test, getting a judgment for paternity or perhaps setting aside a default judgment of paternity thru either the Family Court or Department of Child Support Services (DCSS).
Our experienced Orange County paternity lawyers look forward to providing high-quality, powerful representation to receive your objectives and desires while defending your legal rights and interests.
Phone an Orange County Paternity Lawyer
For more details regarding filing a paternity petition, setting aside a paternity judgment, or to explore the results or ramifications of a paternity suit, we invite you to plan a no cost private consultation with an experienced Orange County paternity attorney by contacting us today. The private consultation is cost-free.