California law provides the same rights and benefits to children of unmarried parents as it does to the children of married parents. Children of unmarried parents are entitled to child support, custody orders and court-ordered parenting schedules that afford frequent and continuing with their parents. The legal proceeding that begins the process of obtaining these orders is called a paternity or, in legal terms, a parentage action. In a parentage proceeding, the filing parent is requesting that the court adjudge him/her and the other party as parents of their children. Once that determination is made, the rights and responsibilities of parents to and for their children arise providing the court with the basis to make custody and support orders.
The same rules apply (as they do to married persons) in the court’s determination of who will be awarded custody, the type of parenting schedule to be ordered and the amount of child support to be paid.
However when paternity is in dispute, California law allows DNA testing to determine parentage. There are deadlines that must be met to protect yourself. You may lose this opportunity if you request testing too late.
California explicitly recognizes that the state has a compelling interest in establishing paternity for all children. For unmarried persons, obtaining a judicial order establishing paternity is a critical precursor to obtaining a child support order and ensuring that children have access to all legal rights and benefits under the law including social security, health insurance, and inheritance rights. California law also allows that a higher income parent pay all of the other parent’s attorney fees and costs.
Protect yourself and the rights of your children. If you are considering filing for paternity, or are currently going through the paternity process, it is to your benefit to consult with a experienced Los Angeles Family Law Attorney based in Pasadena, California. We can protect your rights and the rights of your children.
The rights associated with established paternity / parentage include:
Likewise, the responsibilities that accompany parentage include financial and emotional child support. Benefits of parentage extend beyond the actual parents and can work in favor of the child’s future. Children can benefit from earnings, social security, health care coverage, veteran’s benefits and intestate rights to inherit from the estate.
Parentage is a beneficial process for both parent and child. If you are considering seeking parentage in the courts, consult with our Los Angeles Family Law Attorney based in Pasadena, California about the process and the prospect. We can help you understand the requirements and documentation needed and want to help you achieve your goals.
As a seasoned attorney who has been practicing law since 1998, Randy W. Medina has many years of experience in California family law, allowing him to represent his clients effectively and professionally.
Call the Law Offices of Randy W. Medina today to schedule a free case evaluation with a dedicated professional.