Determining Paternity in a Child Support Order

Family law attorney Bethanie Fanti can assist you with most any matter regarding divorce, custody, and support. In some instances a parent will need to bring an action in court against a person she claims is the father in order to gain child support.

When paternity is admitted
If the individual against whom the action is brought admits his paternity, the matter is simple. A judge has both parents sign a Declaration of Paternity form; when this is completed, legal parenthood is established under California law. However, an individual cannot be compelled to sign this form; it must be signed voluntarily. When the father refuses to sign, the matter needs to be settled another way.

Determining paternity
From the outset, when a disagreement on paternity exists it is important to hire a family law attorney such as Bethanie Fanti. Paternity used to be a complex, sometimes highly problematic issue to resolve. If, for instance, the child in question was conceived during a one-night stand, the opposing side might argue that the mother might very well have had many such encounters.

However, with advances in DNA testing the matter is more easily and definitively resolved. The mother seeks a court order to have the individual in question tested. DNA taken either from blood or saliva is then used to make the final determination. Assuming the man is proven to be the father, he is then recognized under California law to retain all the rights and responsibilities entailed in that role.

If paternity is still denied
Once paternity is established in this way the parent really has no legal argument absolving him of responsibility. The mother can seek the services of a family law attorney like Bethanie Fanti to assist with gaining a court order for support. It is possible that the father’s assets and wages could be attached if he refuses to voluntarily pay support.

If you are engaged in a paternity lawsuit it is vital that you have an effective attorney in your corner. Call family law attorney Bethanie Fanti today for a consultation.

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