Paternity Lawyers in San Jose, CA — Establishing Legal Rights and Obligations for Parents in Need of Help
Family law issues can be quite complicated, and this is especially true when children are involved. This often occurs because a child’s father or other parent has not been legally established. This is an important factor for matters such as child support, child custody, and other issues. If you’ve found yourself on either side of this situation, a paternity lawyer in San Jose, CA may be able to help.
At Argyris Mah, LLP, our team of legal professionals has long served the family law needs of our clients in Santa Clara County. We understand that establishing paternity is essential in a child’s life. Perhaps a child’s alleged father is refusing to support them, or maybe a parent is being denied custody rights. We can help with these and many other issues. Contact us today for a free consultation.
How Do You Establish Paternity in California?
If you want to establish paternity in California, there are various ways to do so. The simplest method is available to any married couple. As long as two individuals are married when a child is born, they are presumed to be that child’s parents. Another simple approach is to sign a voluntary declaration of parentage and file it with the California Department of Child Support Services.
Of course, not all situations are this simple. For instance, a biological father may deny paternity. Then again, it could be the mother who denies a father’s parentage. In such situations, a court order can be issued establishing paternity. Afterward, the parent will have to pay child support — but they’ll likely also gain rights to the child. In some instances, a paternity test will be necessary for this step.
Why Would You Need to Establish Paternity?
Establishing paternity for a child’s father — or another parent — is important for a variety of reasons. Regardless of the circumstances, our experienced family law attorneys in San Jose, CA can assist. Here are just a few of the benefits of establishing a legal parental relationship.
Receive Child Support Payments
A judge will not issue a court order for child support unless the targeted parent is the legal parent of the child. Establishing paternity can be time-consuming if the other parent refuses to acknowledge their relationship, but a paternity lawyer in San Jose, CA can help establish this link and seek a child support order.
Establish Custodial Rights
If two parents are married when a child is born, then parentage is automatically established. This brings with it custodial rights. If they were not married, however, a parent will have to establish paternity before they can gain child custody or visitation rights. This is important even if you’re in a committed but unmarried relationship — because situations ranging from breakups to a partner’s death can quickly change the situation.
Inheritance and Benefits
A familial relationship must be established for a child to automatically receive an inheritance when their parent dies. While the parent could leave assets to a child in their will without an established relationship, their child would likely not receive death benefits (e.g., Social Security) in the event of their death.
Other Reasons Why Paternity Is Importance
There are various other reasons why it’s crucial to establish parentage. A few examples include having access to family medical records, being able to receive insurance coverage on a parent’s policy, adding a parent’s name to a birth certificate, and other benefits. Whether your marriage wasn’t official, your child’s mother’s divorce from a former partner was not finalized, or you simply want a legal record of parentage, our skilled attorneys can handle your paternity case.
Do You Need a San Jose Family Law Firm on Your Side?
Establishing parentage is a complex family law issue. As such, you should work with San Jose paternity lawyers throughout the process. This is particularly true in situations where the issue is disputed. For instance, imagine that a father discovers that the child he’s been raising with his wife is not his. In such a situation, it can be challenging to dispute paternity and remove child support obligations.
In fact, there are very few ways to dispute paternity when it’s established through any approach. A skilled family law attorney can identify whether you might qualify. Of course, not all issues are this complicated. Perhaps unmarried parents want to establish paternity for their child, or maybe an LGBTQ+ couple wants both parents to have legal rights. Our law firm can ensure you’re following the proper steps to avoid potentially catastrophic mistakes.
Put simply, anyone in a situation where parentage needs to be established can benefit from a San Jose paternity lawyer.
Contact Our Paternity Lawyers in San Jose, CA Today
Whether through voluntary declaration or genetic testing, establishing paternity for a child is vital. Of course, these aren’t the only ways to prove parentage. The right approach for your situation will depend on your unique circumstances. The one thing that remains constant is that a San Jose family law attorney can assist you and simplify the entire process.
At Argyris Mah, LLP, we have seen how difficult it is for the average person to navigate the paternity system. Even getting a name listed on a birth certificate can be a hassle. Fortunately, we have the experience necessary to help you through this and other family law issues. Contact us today by calling (408) 214-6366 to schedule a free consultation.
Our paternity lawyers in San Jose, CA are on your side and ready to assist.