Paternity Challenge Attorney Upland CA

Determining a child’s biological father is essential for various reasons, one of which is that doing so may assist in establishing certain parental rights and duties. After all, paternity establishes who is financially liable for the child and who may have some say in the child’s upbringing. Once the paternity of a kid has been legally proven, both the mother and the child are permitted to see the father’s medical history and genetic information. This allows them to become aware of any potential health issues the child may have inherited from the father. For a mother, establishing paternity secures financial support, custody, visitation rights, and inheritance rights for the child. The mother only sometimes starts legal action to contest paternity in every case. There are situations in which a court or a medical expert incorrectly identifies the father of a child, or incorrect findings might be obtained via genetic testing in the laboratory. Any legal parent can initiate a paternity action in situations like these. Paternity Challenge Attorney Upland CA

The Law Office of Stephen Gassner represents individuals in the middle of paternity disputes. You have the legal right to be heard in court regardless of whether you are the child’s mother, the claimed father, the natural father, the presumed father, the putative father, or the biological father. Biological paternity is not the only factor that may be considered when determining the identity of a natural father. Naturally, we collaborate with DNA testing facilities, and the legal system frequently recognizes the validity of their scientific approach. However, in many instances, it differs from where the narrative ends. Whether there is a question of which individual to marry, whether to start a college fund for junior or if there is even a question if you get to raise the child at all, you’ll want to visit with us and get your family’s legal rights straightened out. Suppose you are wondering which man will raise your child, who will pay child support, whether you will pay child support, or even if you get to grow.

Paternity Challenge Attorney Upland CA

What is the Paternity Challenge?

A paternity challenge arises when two separate men may be the father of the same kid. This presents a challenge. It’s possible that the lady became pregnant due to having many different men as partners. Only one of the men may be the child’s biological father, just as a single bullet cannot simultaneously originate from two distinct guns.

Incest, rape, and other forms of sexual violence may sometimes result in the birth of a child. These two guys often find something disgusting or offensive about one another. However, some families open their lives to members of all ages and backgrounds. How do you plan to resolve all of the disagreements that arise while a child’s parent-child ties are being formed? by being in complete accord with everyone? Or by selecting the most astute course of action that can be taken and demonstrating this in court?

A determination of paternity will have significant effects on the future. For example, who will be responsible for dressing and feeding the child? Which will be responsible for paying child support? Which will educate the youngster about religion and remind the child to finish her homework? These events will shape the father’s identity and the way he lives in the future.

As each guy envisions his possible future life with the kid, he would feel pressured into a corner and conclude that he must be the child’s biological father. But then, the two men cannot agree with the decision the lady makes or the other guy’s choice. Therefore, a court of law is the only venue that makes sense to address these disputes.
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Establishing Paternity

In California, legal parentage may be established in one of two ways: using a voluntary Declaration of Paternity or court order. When the child is born, the mother and father are allowed to sign an official document called the Declaration of Paternity. The birth certificate of a kid can include the biological father’s name if both of the child’s parents sign a Declaration of Paternity at the time of the birth. In court, it won’t be necessary to demonstrate that the mother is the child’s biological parent. Paternity Challenge Attorney Upland CA

A signature may be added to the Declaration of Paternity form later if necessary. If both parents sign the declaration later, a new birth certificate may be produced that includes both the mother’s and the father’s names alongside the child’s birth information. If the form is signed later, you will need to obtain a new birth certificate since a new one will not be given until a request is made.

Basis to Challenge Paternity

If a father does not confirm that he is the parent, the court may force the alleged father, mother, and child to undergo DNA testing. Paternity cases often include the use of medical evidence to establish the identity of the biological father. The findings of these tests are the most reliable. However, there are occasions when they need to provide more accurate information about the paternity of a kid. To enable DNA testing for enforcement reasons, every hospital, every local child support agency, every welfare office, and every family court must make themselves available. The following are some of the factors to be considered in paternity cases, as well as reasons for contesting a previous determination of paternity:

  • Tainted laboratory findings;
  • Results of a laboratory examination that has been tampered with;
  • Evidence of either sterility or infertility;
  • Proof that the genetic testing or other types of test results were tampered with;
  • Proof of the mother’s infidelity in marriage (when an offspring is produced in an opposite-sex marriage, it is presumed that the husband is the child’s father unless it is proven otherwise.)
  • The time of birth is measured against the possible period of conception and the average time cycle of child growth.
Is it possible that a significant factual error in an earlier paternity case led to a wrong result, making it all the more crucial to do paternity testing in the present day? The legal justifications that may be used to dispute the results of a paternity test are defined differently by each state.
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How to Dispute the Presumption of Paternity

The legal process for filing a lawsuit to contest paternity is quite similar to the method for proving paternity. Consult with an attorney specializing in family law in your area or the family law courts in your state to determine the steps to take in initiating a legal proceeding since the requirements for doing so are distinct for each state.

How Much Time Has Passed

Some states will consider the time passed since a father was named on a birth certificate or the years that have passed since the kid has believed that a particular man is their father. Because of the potential psychological and emotional repercussions on the kid, it becomes more challenging to contest paternity as time passes. But, again, this is because of the potential impact on the child.

How to Contest Paternity with Step-by-Step Instructions

In most situations, the first thing to do is submit a complaint to the appropriate court. After the complaint has been filed, the court may decide to request one or more DNA tests for both the kid and the father and seek evidence from other sources to establish the child’s biological father. This additional proof may consist of medical records that cast doubt on the child’s paternity or the decision of the birth father to recognize fatherhood freely.

Blood tests may also be done to identify whether the supposed father is biologically linked to the child; however, blood testing cannot verify the child’s birth father. DNA testing, also known as genetic testing, is the method that yields the best results when attempting to establish paternity.

The court will issue an order after the procedure that identifies the child’s legal father. The next step is for the parents to get together and discuss the practicalities of child support and child custody (custody arrangements). Paternity Challenge Attorney 

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Frequently Asked Questions

  • How Long Do You Have to Challenge Paternity in California?

    Within sixty days after the day you signed the Declaration of Paternity, you are required to submit the rescission form to the Department of Child Support Services to withdraw your paternity claim. Only one of the parents has to sign and offer the paperwork, but the other parent needs to be officially informed by certified mail with a return receipt sought.
  • Can You Sue for False Paternity in California?

    A man could sue the child’s mother if the woman lied to him about being the child’s father. The statute of limitations in California states that a petition to disestablish paternity must be submitted within five years of the child’s birth.
  • Can a Mother Refuse a Paternity Test in California?

    Legal action may be required if the mother refuses to submit to a paternity test. To determine child support, custody rights, or visiting privileges, the court may issue an order requiring testing to be completed. Even when a man’s name appears on a kid’s birth certificate, a paternity test may be used to establish the biological father of the child.

Serving Clients in Upland, California

Do you live in Upland, California, and you’re trying to establish your paternity for your child? The Law Office of Stephen Gassner can assist you we have a Paternity Challenge Attorney that will help guide you. Families have entrusted us to assist them in resolving complex problems relating to divorce and family law. Our legal firm makes it a priority to serve our clients with the most competent legal counsel and advocacy that we can deliver. When you choose our law office, you can relax knowing that a seasoned legal expert will be by your side throughout the legal process, giving you the confidence you need to make sound decisions. Get in touch with us immediately and find out how we may assist you.  Paternity Challenge Attorney 

Looking for a Family Law Attorney in California, USA? Look no further the Law Office of Stephen Gassner can help you with different family law issues, including divorce, property division, paternity, child custody and support, spousal support, visitation rights, and property division including the complex division of business property. We serve in the following areas of California, USA. Paternity Challenge Attorney 

Family Law in Chino Hills, CA
Family Law Claremont, CA
Family Law in Eastvale, CA
Family Law in Fontana, CA
Family Law in Ontario, CA
Family Law in Rancho Cucamonga, CA
Family Law in Upland, CA

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Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000