Paternity, an important aspect of family law, overlaps with child support and custody matters. Establishing a child’s paternity is vital for granting the father visitation rights and determining the responsibility of child support. The Court prioritizes the child’s best interests when deciding on parental rights and visitation schedules. Paternity cases commonly arise among unmarried parties who have children together. Upon birth, many fathers sign a document known as the Voluntary Declaration of Paternity. This affirms their parentage and secures their name on the birth certificate.

When uncertainty arises regarding the child’s father, paternity cases resolve the issue. Any party, not exclusively the father, can initiate a paternity petition. In cases where unmarried parents seek to confirm who the father of the child is, either party can file. Frequently, the mother initiates the case to secure child support payments. This is because a paternity determination legally obligates the father to provide financial support. Once paternity is established, the Court can address matters related to child support and child custody. The Court often determines the amount of child support the noncustodial parent is obligated to pay and decides on child custody arrangements that serve the best interests of the child.  

Why Paternity is important

Often times parents who are unmarried do not file a petition to establish paternity immediately when the child is born. Instead, they often wait sometimes years down the road. This is not advisable. Immediate action is recommended upon the child’s birth to safeguard parental and inheritance rights. The filing of such action should not be delayed, especially considering most mothers who are unwed will need child support from the father and most fathers will want to have custodial and visitation rights with the child.

Upon establishing paternity, the Court issues a Judgment for Paternity, granting visitation, custody rights, and setting child support orders.

Contact Us

Navigating these cases alone can lead to legal issues, prolonging the case or hindering rightful claims. Attorney Burkett has a vast knowledge of paternity laws and has helped countless clients with their cases. Many of his clients proved their paternity and secured their rights to their children due to his compassionate and diligent work. Attorney Burkett handles such cases at all four Courthouses in San Diego County: Central Courthouse, South County Chula Vista Courthouse, East County El Cajon Courthouse, and North County Vista Courthouse.

For personalized guidance on your case, contact us to arrange a free consultation via our website’s contact form or by calling our office at (619) 250-2683.

Establishing Paternity: Process and Impact

Navigating the legal complexities of Paternity cases can be challenging. At the Law Office of Brian Burkett, we are committed to guiding you through each step with diligence and sensitivity to ensure your rights and interests are protected. Our in-depth understanding of paternity law and a profound dedication to our client’s well-being has allowed us to assist countless individuals in achieving favorable outcomes in San Diego, California. Whether you are establishing paternity or disputing it, you are not alone. Our team will be there to support you, provide you with the information you need, and help you make informed decisions that are best for your circumstances. Reach us at (619) 250-2683 to arrange a free consultation. We will discuss your case, understand your needs, and share how the Law Office of Brian Burkett can help you traverse the complexities surrounding paternity matters in San Diego County, California.

Establishing Paternity

Establishing paternity is a crucial step when determining legal responsibilities and rights to a child. In California, there are several methods to ascertain this vital element. One such process is through a voluntary Declaration of Paternity. This document is often signed at the hospital after the child’s birth by both parents, acknowledging the legal father. Another common approach is through court orders. If either parent challenges the paternity, a court may order genetic testing to resolve the disputes. Here, the court certainly values the result from the DNA test, widely recognized as the most reliable form of paternity proof.

DNA testing in paternity cases involves collecting and examining the genetic material from both the potential father and the child. In most instances, a swab is used to collect cheek cells from inside a person’s mouth. This non-invasive process is safe, fast, and largely painless. Upon collection, the samples are processed in a laboratory, where scientists analyze specific regions of DNA. These profiles are then compared to determine the probability of paternity. A high-degree match between the child and the potential father indicates a high likelihood of paternal connection.

In conclusion, establishing paternity determines legal obligations and rights for the welfare of the child. Whether it’s through the voluntary Declaration of Paternity or court-ordered DNA testing, our law firm will guide you through these processes with the utmost diligence and confidentiality.  San Diego Attorney Brian Burkett has a deep understanding of California’s paternity laws, and he is equipped with the necessary resources to help you navigate through these crucial matters.

Impact of Paternity on Child Custody

Paternity matters invoke some of the most emotionally charged cases in family law, resulting in a heightened need for a seasoned, trustworthy guide to navigate through these complex issues. Our San Diego, California family law firm is exceptionally adept at handling a broad array of paternity-related concerns, ranging from biological father determination to the contestation of paternal rights. Establishing paternity is a crucial initial step, often achieved through DNA testing, to assert rightful child custody or visitation rights.

In the state of California, the child’s best interest’s standard is applied in determining child custody. The court scrutinizes an array of factors under this broad overarching principle, such as the health, safety, and welfare of the child, history of abuse, and the nature of existing parental relationships. Of significant importance is the regular, continuous contact with both parents, provided it remains in the child’s best interest. In striving to safeguard the child’s best interests, the court may award joint physical custody, joint legal custody, sole physical custody, or sole legal custody.

Our judicious, steady, and client-focused approach ensures that our family law firm is your partner in traversing not only the legal complexities of paternity law but also the delicate personal dynamics inherent to these proceedings. We maintain a profound regard for confidentiality and discretion, ensuring that your private matters remain as such, and we strive to achieve the most favorable outcome possible for our clients. Imbued with a comprehensive understanding of California law pertaining to paternity, we serve as a compass pointing you towards the most beneficial path for your unique circumstances. Our unwavering dedication to our clients’ wellbeing sets us distinctly apart.

Impact of Paternity on Child Support

Navigating through the complexities of paternity in San Diego County, California can be a challenging endeavor, and our law firm is here to support you. We guide mothers through established legal processes that aid in confirming the fatherhood of their children, thus enabling them to assert their rights pertinent to child support. An integral part of our services revolves around explaining and executing the child support guidelines as outlined by California law.

Under this law, the state employs a standardized formula to ascertain the amount of child support to be provided. This is influenced by factors such as the incomes of both parents, the number of children they have, tax considerations, and the specific amounts of time each parent spends with their children. Comprehending the details of these calculations and aligning them with your individual circumstance may appear daunting but our law firm is prepared to guide you through every step of the process.

Moreover, there are instances in which the court might veer away from standard guidelines. For example, a parent may have an extraordinarily high income, the child may have special needs, or there are other visitation-related costs. During these times, you can count on us to offer sound legal counsel and fierce representation. Our law firm is proficient at understanding these unique circumstances, ensuring that your child is granted the justice and support they deserve, while adhering to California’s legal code. By choosing the Law Office of Brian Burkett, you opt for an ally fluent in the language of paternity law, a partner that will tirelessly fight for your rights and those of your child.

Seek Help in Protecting Your Rights and Interests

Whether you’re trying to establish or dispute paternity, asserting your rights can be overwhelming without appropriate legal support. The Law Office of Brian Burkett is ready to stand by your side during this critical time. With San Diego Attorney Brian Burkett’s adept understanding of the processes involved in paternity claims and a track record of numerous successful cases, we are equipped to help you explore your legal options and apply the most effective strategies for your unique situation. We promise to always treat your case with the personal attention it deserves and offer practical advice to ensure a favorable outcome. To discuss your case in a safe and confidential environment, call us at (619) 250-2683 for a free consultation today. At our law firm, your rights and interests are at the front and center of everything we do.