Livermore Paternity Lawyer

Paternity Attorney In Livermore

Establishing paternity can be a harrowing time in a father’s life. Unfortunately, when a marriage dissolves and there are minor children involved, the court must sometimes become involved if paternity is being questioned. No father wants to go through this process; one never starts a marriage and family while imagining that it ends this way. It is crucial to have a Livermore paternity lawyer to help you through this difficult time.

Paternity law in California can be complex. When dissolving your marriage, the last thing you want to worry about is having your relationship with your children put at risk. It is important to know your rights. Tierney Law Group, PC, is located in Livermore, CA, and has a team of family law attorneys who can represent you in your paternity case.

Paternity Laws in California

Paternity cases involve determining exactly who the legal parents are for a child. If the couple is married at the time the child is born, then the parentage is clearly defined. It is legally assumed that the married couple are the natural parents of the child.

For unmarried parents, the parentage of the child or children needs to be legally established. Nationally, in 2024, there were 380,000 paternity cases heard in state courts. It is imperative to have a skilled Livermore paternity attorney at your side to represent you through this process.

If the father isn’t named on the child’s birth certificate, he does not automatically get rights to his child. To obtain those rights, he must certify his paternity with the state of California. There are two ways to establish paternity:

• Voluntarily declaring parentage. This is possible when both parents agree on who the father is, and they sign a declaration when the child is born. This can be done at Stanford Health Valley Memorial Center at the time of birth or at the Alameda County Department of Child Support Services.
• Court-ordered DNA test. This is typically ordered if paternity is unclear or in dispute. The court can order that the father undergo genetic testing, which will establish his biological connection to the child. These tests are very accurate.

Once paternity is established, the father receives equal rights to the child. He can then work with his Livermore paternity lawyer toward a custody agreement or visitation rights. Establishing paternity is important for the child, as it helps them receive benefits and allows for an emotional connection with their father. Research shows that father-youth intimacy is associated with fewer depressive symptoms in both boys and girls throughout adolescence.

Understanding a Father’s Rights to Custody and Support in California

Mothers and fathers are treated equally in California. This means, by law, either parent can have sole custody or share custody. Once paternity is established, a judge will make the final decision about custody and visitation rights, and they will sign off on the parenting plan.

Courts largely favor equal parenting time since this is better for the child in most circumstances. However, according to these statistics on custody time in California, dads get 32.8% of child custody time.

The judge must grant custody rights according to what is in the best interest of the child. The court will consider many factors when making this decision:

• The age of the child
• The child’s health
• The emotional ties between the parents and the child
• The ability of the parents to care for the child
• Any history of abuse, neglect, or substance abuse
• The child’s ties to their school, home, and community

Once a parenting plan is in place that fits the child’s best interests, child support can then be calculated based on the parenting time for each parent. If custody is shared, child support may still be owed to the parent who has the child less often since overnights are taken into consideration. Fathers have equal rights to request child support; California law prohibits discrimination based on gender. Both parents are responsible for financially providing for their children.

FAQs

Does a Father Have Rights in California When a Child Is First Born?

A father who is married to the child’s birth mother has automatic rights when the child is first born in California. If the parents are unmarried, paternity would need to be established prior to the father having any legal rights. This can be done through a Voluntary Declaration of Parentage or genetic testing.

Can a Mother Stop a Father From Seeing a Child in California?

A mother cannot stop a father from seeing a child in California. The mother, just like the father, must follow the custody agreement that has been set in place by the court system. In Livermore, this would be done through the Family Justice Center, which is part of the Superior Court of California in Alameda County. If the mother does not agree with this order, then she would have to petition the court to have the custody agreement reopened and modified.

How Can a Father Be Denied Visitation or Custody Rights in California?

A father can be denied visitation or custody rights in California for the following reasons:

• The father is neglectful or abusive.
• There is a restraining order against the father.
• No paternity has been established.
• The father has a substance abuse issue.
• The child would be unsafe in the father’s custody.

The court will always rule in favor of the child’s best interest, making sure they have a safe environment to live in. If the father cannot offer a safe place and prioritize his child, then custody can be revoked.

How Long Does a Father Have to Establish Paternity in California?

California does not place a deadline for fathers to establish paternity, but the process can be more complex if the child is over 18. Establishing paternity early on allows the father equal rights to his children. It also allows more time for the child to build an emotional bond and relationship with their father.

Hire a Paternity Lawyer

At Tierney Law Group, PC, in Livermore, CA, we offer our experience and knowledge to fathers wanting to forge a legal relationship with their child. Our team can assist them in filing with the court to establish paternity. We can help you write a custody plan and negotiate child support and visitation. Our discreet team understands the difficulties surrounding paternity cases. Contact us today to speak with a father’s rights attorney regarding your paternity issue.