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Why Is Paternity Important In California Family Law?

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Being a parent is a huge deal, both as a personal milestone and a legal responsibility. In essence, a parent is responsible for a child’s well-being. Therefore, failing to fulfill your child/ren’s needs has several equivalent legal repercussions.

Additionally, being a biological parent means you are automatically involved in legal processes like child custody, child support, etc. With all the responsibilities tied to parentage, confirmation of whether or not you have biological parentage of a child has crucial legal implications.

What Does California Law Say About Paternity?

In California, paternity is only established for a child of an unmarried couple through an official declaration. After an official Declaration of Paternity is filed, it is often difficult to reverse.

So, if you’re not sure about your decision to do so, you should consult with a Los Angeles Family Law Attorney first to make sure you’re presented with all the options.

 

What Are The Responsibilities Of A Parent In California Family Law?

As mentioned, a parent is responsible for a child’s well-being. Children are very dependent on their parents for financial and emotional care, so parents have the following responsibilities:

  • Maintain a presence in the child’s life

  • Finance their schooling

  • Ensure their health and possible expenses related to it are fulfilled

  • Provide security and safety

In some cases, failure to provide the abovementioned needs can be equated to neglect and abuse, which will have legal penalties under California law.

The above factors can also affect a judge’s decision in child custody and child support hearings. For example, if a child has a chronic illness or a disability, a parent more financially and emotionally capable of providing care will be more likely to be favored in child custody battles.

 

Why Would You Challenge Paternity?

Since we’ve discussed how crucial a parent’s emotional, physical, and financial contribution is in a child’s life, someone should not have to carry that burden if they are not biologically related to the child.

For example, if you find out that you aren’t the father of a child, then you have the right to be relieved of the financial responsibilities of being one.

 

How Can You Challenge Paternity In California?

A presumed father with reason to suspect they aren’t the biological parent of a child has the right to demand a paternity test in California. This is often carried out with a DNA test to confirm.

The same goes for fathers who have reason to believe they are the biological parent of a child. If a DNA test confirms their parentage, they might have a right to child custody and support arrangements.

Whatever the case, confirmation of whether or not there is parentage has legal implications. So, if you have any reason to question or need to confirm parentage, you have the right to do so under California Family Law.

 

Do You Need A California Family Law Attorney?

Not all families have the same financial, emotional, or physical capacity to raise a child. Hence, many considerations and challenges, including parentage, are taken into account in all matters related to the kids.

If you have reason to question or need to confirm parentage, you should consult with a California family lawyer to help you decide on your best options. In most cases, it doesn’t just end with confirmation or a challenge of paternity, as there might be other legal implications after the paternity test is done.



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