Paternity is one of the most intensely fought for issues in the courtroom. This is because it’s always a concern to know the biological father of a child when it comes to child support or parenting issues. People always have serious doubts when it comes to paternity testing, and every jurisdiction handles the matter differently. If you’re an unmarried father who is seeking to establish or challenge a paternity action, consider looking for a family law lawyer in Chula Vista who will protect your rights.
Father’s Rights In Establishing Paternity
Paternity law is very complicated. It’s only a knowledgeable lawyer who can help you navigate this frustrating legal system. Most of the time, a birth mother prevents the biological father from establishing a legal relationship with the child, especially when both parties are not living together. It’s only through paternity that you can establish the fundamental rights for your child/children. It becomes more comfortable when you know your status as the father. Paternity arises because of child support issues, but it can also arise due to factors such as inheritance, adoption, and healthcare, etc. Some of the common issues related to the father’s paternity include:
1.Unmarried fathers establishing paternity: When a woman gives birth, the law presumes that the husband during the time of delivery was the father. In contrast, to ensure you are safe for any child custody, you must secure your parental rights by establishing paternity. You can either establish paternity in two ways:
- By signing an Acknowledgment of Paternity during the time of birth,
- By going to court: You can file a petition and request the judge to order a paternity test.
2.Establishing custody rights: Once paternity is established, you can request the court for your child custody or visitation rights. In such circumstances, you will have parental authority to make decisions regarding your child’s life.
3.Child visitation: Your visitation rights as an unmarried father will also be affected by the relationship you have with the child, any history of neglect, and other like factors.
Presumed Parentage: If you were married to the mother at the time of the birth, the court assumes that you are the father. This is only if you demonstrated your commitment to the child. It will be assumed you’re the father, regardless of the paternity test results. This is because the court always makes orders based on the best interest of your child. If you get disappointed with any results of your paternity results, you still have a right to challenge the decision. That’s why it’s always advisable to work with a local family lawyer.
Seeking Guidance on Paternity
If you’re trying to establish paternity or need help with any paternity issue, you can explain your situation to an experienced family lawyer. A good lawyer will help you get the best advice according to state law. He/she understands the process and will gather the right documents that will prove your fitness to retain your rights. Additionally, the same lawyer can help you negotiate or even draft a parenting agreement that will consider your rights to child custody or visitation that will be approved by the court. If you’re unable to reach an agreement, the lawyer will also advocate for your best interests and that of your child.