Mens Family Law & Divorce Attorneys San Diego

San Diego Paternity Lawyers
Fighting For Your Rights and Interests

When a child is born, it’s not as uncommon as many would think for the identity of the father to be somewhat unknown at the time of birth.  While most mothers have strong ideas in this regard, men are not always apt to believe such an assertion when it’s made.  Therefore, several laws regarding paternity in California have arisen that include procedures that identify the father.  IF you are facing this sort of issue, you need to seek the help of experienced San Diego paternity lawyers as soon as possible.  Below is a brief introduction to this issue.

How Paternity Issues Arise

Generally, a paternity issue will arise when two people are not married and the woman becomes pregnant and gives birth to a child.  At this point, the mother will likely assert that someone is the father, and the father can either agree or refuse to acknowledge his role in the birth if he believes that the child is not his.  This situation, however, is not limited to people who are not married.  There are situations where a mother will engage in infidelity that could lead to a child, and a husband has a right to make this assertion if it’s reasonable.

The Process of Identifying the Father

If the identity of the father is at issue, the mother can make a motion with the court regarding this assertion.  If the court believes that there is a reasonable possibility that the alleged father could be the one that led to the birth, the court will order a DNA test to be performed.  These DNA tests are relatively new in the legal world, but they tend to be 99 percent accurate in identifying the father of the child.

Results of a Positive Paternity Test

If it turns out that the man who was alleged to be the father of a child actually is the father, it gives rise to several legal consequences, most of which would be in line with the legal responsibilities that a father would incur if he had been married to the mother and they were divorced.

For instance, the newly-identified father of the child would now be responsible for child support, but he would also be entitled to visitation and to basically be involved in the child’s life.  Unfortunately, some mothers only want the support, but they do not have the right to deny the right of contact if the father has this desire.

In addition, the child would then obtain legal rights to inheritance of portions of the father’s estate and would be able to bring a lawsuit against a defendant if the father is killed and a California wrongful death action is filed.  These are just a few examples of what an acknowledgement of paternity can lead to in terms of results.

If you are concerned about an issue that pertains to paternity, you need to be sure before you open yourself up to a lifetime of obligations.  Contact the San Diego paternity lawyers at the Law Offices of James D. Scott immediately to schedule an initial consultation.