Orange County Paternity Lawyer

Disputes over family matters can be troubling for children and create stress for the entire family. When you are having difficulty deciding what actions to take for legal matters when you are managing and caring for children, you can request the help of a paternity lawyer in Orange County to help clarify the law for you. Paternity lawyers can provide direction on guardianship, divorce, adoption, and other family law issues. Because this is their specialty, they can clue you in on important aspects of these laws and help you avoid common mistakes. You can contact Kaufman Steinberg for a free consultation. 

What Types of Cases Do Paternity Lawyers Manage?

Paternity lawyers only manage civil cases, as any criminal cases should be taken to a criminal court. Here are the most common cases you will see a paternity lawyer take on. 

Divorce

When you are undergoing a marriage dissolution, you can get a court order to end your marriage through a divorce. The court can also grant a separation between you and your spouse. The court can also issue child custody, alimony, and property orders. These processes can also be done even if you and your partner remain legally married. This way, you can decide when you get to see your child or who gets custody even if you are living in different residences. 

Paternity

Either parent can file a custody case to the family court to determine the paternity of the children. This will permanently decide who the father of the child is. 

Child Custody

Parents who are not married can request legal custody of the children. This includes visitation schedules, who gets physical custody, and how child support is provided by the more financially well-off parent. 

Guardianship

The guardianship of children decides who will be responsible for the child’s personal, financial, and medical decisions. This can also apply to adults who are unable to care for themself either due to a mental or physical disability. 

Adoption 

If you would like to become the legal parent of a child, the court can grant you an adoption so that a parent-child relationship is developed. 

Name Changes

When a child needs to have their name legally changed, your paternity lawyer can help get you organized before the name change case goes through family court. 

Emancipation 

Anyone under the age of 18 who would like to be emancipated, which means to be legally free from parental control, can petition this in court. A paternity lawyer can help provide information on how to get approved for this. 

How Do Paternity Cases Work?

Generally speaking, when parents are married, it is typically the mother’s husband who is assumed to be the father of the children. However, it can get complex when parents are unmarried or if another man was previously involved in her life. This can create disputes regarding guardianship. All of this can be prevented when paternity is legally established. Parents can sign the Acknowledgement of Paternity form to define who the legal father of the child is. If there is a dispute, there is also the option to file a court petition. The paternity lawyer can help represent your case in court. 

What Happens During a Paternity Case?

Initially, you will have to attend an initial administrative hearing. You and the other parties must appear in court before the support magistrate. The father can admit he is the paternal father, and the other parties may or may not dispute his claim. If they come to an agreement, the case is over, and then a paternity order can be made. When there is a dispute, the court may order the mother and potential fathers to take DNA tests. This will require appointments to see a doctor and lab tests to confirm who is the biological father. Then, another court date will be set. 

The court will be the one to explain all of the test results. After hearing the results, the parties can then agree on who gains paternity. The court will then issue a paternity order. If the parties do not agree, a hearing will be scheduled. Both parties will need to testify and provide evidence, in addition to the previous DNA tests. The court will decide if there is enough proof of paternity or to go with the initial ruling.

How Do Paternity Lawyers Help?

Orange County paternity lawyers can help you understand what happens once a father gains paternity. This includes the right of visitation or custody, as well as the obligation for child support. They can help provide representation in court and explain the evidence regarding your case before the judge and jury. If you decide to settle the matter outside of court, your paternity attorney can act as a mediator between you and other parties to help negotiate a solution. Your attorney will do their best to help protect your rights and fight for your case. They will also help you get fair treatment regarding your child and help to make the judicial process easier for you. 

Learn More About Paternity Cases in Orange County

You may be owed certain rights as the father of your children and want to gain official paternity. In other cases, you may be expected to provide for your children and have other obligations that you don’t completely understand. To bring clarity to your case, your paternity attorney can help provide you with useful information before you attend a hearing. This can prevent you from losing your rights and from ruining your relationship with your child or children. Contact family law attorney Kaufman Steinberg for a free consultation.