Synonymous with a parentage action, in the absence of cooperation, paternity must be established before a Court will make Orders pertaining to child custody and child visitation. There are 2 ways to establish paternity: (1) via a Voluntary Declaration of Paternity; OR (2) by Court Order. If a Voluntary Declaration of Paternity is not executed, the Court’s initial task is to determine paternity, or the legal parents of a child. A Court Order is necessary when attempting to establish paternity via DNA testing and the other parent fails to cooperate.
Once a person is legally established as a child’s mother or father, custody and visitation orders may then be needed to enforce parental rights. Child support orders may also be necessary since both parents have a legal obligation to financially support the child regardless of whether a parents chooses to participate in a child’s lift. A parent’s child support obligation is based on a complex statewide guideline calculation that includes, but is not limited to, the parties’ timeshare of the child or children, wages/salary of each parent, relevant tax information, and monthly deductions to wages, such as medical insurance premiums, mortgage interest, property taxes, etc. The guideline calculator may be found on the California Department of Child Support Services website or by clicking on the button below.
Establishing paternity is often the first step in family law proceedings, which is why it is so important to begin with effective representation.
Paternity actions have an enormous impact on the lives of parents and their children, and having a sound legal advocate on your side is critical to reaching a parenting schedule that supports the child’s best interests.
The Law Office of Tracey Lundquist represents men and women in paternity cases. Tustin paternity attorney Tracey N. Lundquist is well-versed in the complex legal and emotional issues paternity cases often carry, and she brings her extensive knowledge to fight for her clients. Contact the Law Office of Tracey Lundquist today to discuss your case with an award-winning Tustin paternity attorney.