Napa Parentage Lawyer

Napa Parentage Attorney

Becoming a parent can be incredibly rewarding and involves a tremendous amount of responsibility. In California, caring for the well-being of minors is important, and laws exist to ensure children receive adequate support. Establishing legal parentage means you have certain rights and obligations. You may need a Napa parentage lawyer to help you do this.

Ways To Establish Paternity in Napa, California

Paternity is the legal identification of a man as the father of a child. Establishing legal paternity sets up the rights and responsibilities of the father, including child support, child custody, and visitation. When parents are married, paternity is usually presumed and a court order is not necessary to establish parentage. This also applies to same-sex married couples.

Paternity can be established through the court for all other cases involving unmarried parents, which provides equal rights to custody and the support of the child once parentage is ordered by the court.

Parentage by estoppel, or Presumed Parent, is another way to establish parentage in California. Parentage by estoppel occurs when a person has always treated a child as their own and the child believes that person is their true parent. Presumed parents do not automatically have Parentage Rights, they must go to Court to establish legal parentage.

Parentage By Consent When Unmarried

With a Voluntary Declaration of Paternity, unmarried parents can willingly consent to parentage. The parties complete the document together, usually in the hospital after the child is born. The Declaration must be signed by both parents, and will result in both parents names being included on the child’s birth certificate. can also be completed later at one of these agencies:

• Local child support office
• Registrar of births
• Family law facilitator, or
• Welfare office

The Declaration is notarized and filed with the Department of Child Support Services. Parentage is, then, legally established without going to court.

Establishing Parentage for Unmarried Individuals by Court Order

If you’re unmarried and the other parent won’t agree to a voluntary declaration, you’ll need a court order to establish parentage, which includes the following:

• A Petition for the Establishment of Parental Relationship
• A summons requiring the other parent to respond
• A Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act

Next, you’ll send copies of the documents to the other parent and file proof that you’ve served the other parent. Once supplemental paperwork is completed, the matter will go to court. Then, the father might want to prove paternity by genetic testing.

For same-sex couples, the process can be more complex  The law does not discriminate against same sex couples, as one or both partners may be presumed parents instead of biological parents. Complexity can be added by the circumstances of one or both biological parents and how their rights will be severed or left intact by the process.

Once either a Voluntary Declaration or court order is finalized, legal parentage is established.

Importance of Establishing Legal Parentage

Parents have legal rights and responsibilities once parentage is determined, even if they’re not involved in the child’s daily life. Some of the rights afforded to an individual after establishing legal parentage include:

• Requesting child custody or visitation
• Seeking child support from the other parent
• Being listed on the child’s birth certificate
• Accessing the child’s medical records

With the help of a California attorney, you can gain a better understanding of parental rights and obligations.

Reasons To Seek Help From a Napa Parentage Lawyer

Establishing legal parentage is vital for both you and your family. You should seek the most effective representation because of the nature of what’s at stake. Parentage cases can become complicated, especially for same-sex couples, in divorce cases, or where it’s necessary to establish legal parentage for a non-biological parent. As a result, you’ll want a thoughtful, compassionate legal team to advocate for you.

The Carroll Law Office serves clients with a variety of parentage matters in Napa, California. Our attorneys have experience in these types of cases and can effectively represent your interests.

FAQs

How Much Does a Parentage Lawyer Cost in Napa, California?

Costs for a parentage lawyer can vary in Napa, California, based on many factors, such as the attorney’s level of experience, the details of your situation, and the time your attorney spends on the case. There’s no need to start any family law process without proper representation, especially since you are likely facing the prospect of altering your family dynamic, plus other substantial life changes. An attorney can be invaluable for a family law matter.

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

In California, there is no limit to when a father can establish paternity; however, a court may require a blood test up to two years after the child’s birth to establish paternity if there is doubt. Unmarried fathers can request child custody and visitation up until the child is 18 years old. Additionally, a father can petition to establish paternity up to three years after the child turns 18 years old.

What Is the California Uniform Parentage Act?

The California Uniform Parentage Act is a law that impacts California families each year. Through the Act, both parents of a child in California can more easily solidify their parental rights. Each parent is allowed to prepare a Voluntary Declaration of Parentage to establish a legal, physical connection to their children. The Declaration is valid even when birth parents are not in a relationship or if there is no biological connection.

What Rights Do Legal Parents Have in California for Child Custody?

In California, a legal parent has certain custody rights when it comes to their children. A parent has the right to seek custody or visitation, which are court-determined decisions in the child’s best interest. They also have the right to a fair custody evaluation, shared legal custody, and access to information about the child, as well as many other rights. A lawyer can let you know what custody rights you have once legal parentage is established.

Trusted Legal Representation for Napa, CA, Parentage Matters

Parentage cases can be complicated and it’s important to seek representation as soon as possible to provide for the needs of your child. Napa, CA, attorneys at the Carroll Law Office are here to support you and provide counsel through the parentage process. We have experience with cases just like yours and can handle your matter with compassion. Contact the Carroll Law Office to learn how we can help.