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How Is Paternity Established in Divorce Proceedings?

On behalf of Feinberg & Waller, APC | May 9, 2019 | Paternity

When a child is born during a marriage or a man demonstrates a commitment to a child he lives with, California law assumes the identity of the father. However, there are times when paternity isn’t clear; in such cases, paternity must be established before custody, visitation or child support will be ordered.

The easiest way to establish paternity is voluntarily. If a child’s father signs a “Voluntary Declaration of Paternity,” he acknowledges he is the father of the child, and the VDP (Voluntary Declaration of Paternity) functions as a judgment of paternity. This gives the father all rights and responsibilities.

When a voluntary determination of paternity isn’t an option, a court action is required. This will involve a DNA test using a blood or saliva sample. Not only may the mother seek a determination of paternity to ensure support for her child, so can a father. A local child support agency providing services to a mother may also seek a paternity test to help provide another source of financial support for the child.

Once a person is established as the legal parent of a child, that person must financially support the child. In the event of divorce, a court can also require child support in addition to child care costs from the legal parent. It can also impose shared custody or visitation rights.

Until paternity is established, a court cannot make orders regarding issues of child support or custody. Fortunately, the court can require genetic testing, so it can issue other orders as part of a legal proceeding.

A biological relationship isn’t necessary to establish paternal rights, however, provided the father welcomed the child into his home and openly acted as if the child were his.

When issues of paternity are involved, keep in mind the impact on a child with two legal parents instead of one. Not only will a child receive financial support from two people, there are clear emotional benefits too. In this way, paternity testing can be a crucial tool in protecting the best interests of children.

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Intake Process

Step 1

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How Do You Pick the Right Family Law Attorney? First, you must start scheduling consultations with different attorneys to be sure that your attorney is someone with whom you get along with and whose personality blends with yours. You need to find an attorney who is knowledgeable and one who has years of experience in family law. Price is also a consideration. When it comes to family law, this is not an area where you want to “bargain shop.” To simplify your experience in finding the right attorney, here is the Intake Process so you know what to expect when calling our office.

Step 2

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When you call Feinberg & Waller, APC for an initial consultation, our Case Intake Manager will ask some basic questions about you, your spouse, your financial picture, and your case. Our Intake Process helps us determine if we can handle your matter while managing the needs of our existing clients. Feinberg & Waller, APC limits the number of cases we accept because we’ve found that selectivity advances our commitment to excellence.

Step 3

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After we receive your basic information, we run a conflict check to make sure we have not spoken with your spouse in the past. We want to confirm there will be no conflict for us working with you as a potential new client. Thereafter, we will call you back to inform you of the results of the conflict check. If we are able to assist you, our Case Intake Manager will go over the range in fees, from our paralegals at $195/hr, to our associate attorneys starting at $250/hr, and our Certified Family Law Specialists (CFLS) starting at $550/hr. 

Step 4

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If we are able to handle your matter, we will schedule your consultation with one of Feinberg & Waller’s Certified Family Law Specialists. A CFLS has gone through a rigorous process of proven qualifications. They are better trained and more experienced than most other non-certified family law attorneys. You want to be sure to be on equal footing, if not better, than your spouse in terms of the credentials of your team. You want a lawyer who is committed enough to their craft to become board certified.

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