In California, a paternity suit is filed when a man believes that he could be the father of a child. The father’s name doesn’t have to be on the child’s birth certificate for them to establish paternity. By filing the claim, the father has a chance to establish his legal parental rights. A Paternity Attorney in Carlsbad, CA can explain the process to potential fathers.
Establishing Paternity for a Child
Through a paternity suit, the potential father is requesting a DNA test for the child. The mother of the child cannot refuse the test once a court order has been delivered. A failure to present the child for DNA testing leads to contempt of court, and the mother could go to jail. The petitioner establishes paternity if the DNA proves that he is the child’s biological father.
Obtaining Child Visitation
Once paternity has been established, the father can file a motion and establish a right to know the child. Once the father forms a bond with the child, a new petition is filed for child visitation. As long as the father doesn’t pose a risk to the child, the court may provide supervised visitation initially and change the order later.
Overdue Child Support Payments
Once paternity is established the mother can seek child support payments. The age of the child defines how much money the mother could get from the father. If permanent visitation is established, the mother is within her rights to require child support payments.
Seeking Child Custody
The father isn’t within his rights to seek sole child custody based on the paternity suit results alone, but the mother has to pose a risk to the child. However, in some cases, it is plausible to believe that the father could acquire joint custody.
In California, a paternity suit offers men a chance to establish their parental rights even if they weren’t married to the mother. The suit gives them a chance to conduct DNA testing for the child and establish that they are the father. Petitioners who need more answers can contact us to speak to a paternity attorney in Carlsbad, CA right now.