Establishing Paternity


Do you need to establish paternity?

When a child is born, paternity is usually established by the father signing an Affidavit of Paternity at the hospital. What happens if the mother and father are estranged at the time of birth or the father isn’t sure the child is his?

This presents a problem, especially if the mother needs the father to pay child support. What if the father wants visitation rights, but the mother denies that he is the father? In either case, the mother or father may bring a paternity action in court to resolve the matter.

When the mother wants to establish her right to child support and the man doesn’t believe he is the father, submitting to a DNA test can resolve this problem. If the test results show he is the father, the court will order the child support.

However, if the mother denies his paternity and will not allow him to see the child, taking a DNA test will prove he is or isn’t the father. If he proves to be the father, the court will award him visitation rights in addition to making an order for child support.

Determining the paternity of a father is important. Determining paternity can be stressful for unmarried couples and often cause an increase in anxiety. During the paternity process, the legal system establishes the relationship between a father and a child.

If you are involved in a paternity dispute, whether you are the mother or the potential father, you are probably feeling overwhelmed. If the paternity is in question, the potential father can voluntarily submit to DNA testing or a court may order it.

Finally, if you are being accused of being the father of a child and you have doubts, you need to protect your rights by getting legal protection from an experienced family law attorney that can explain the steps of proving paternity and what happens next.

If you find yourself in need of determining paternity, the Orange County family law offices of Amy M. Montes are ready to help. We understand that this is a challenging time and believe that you deserve attentive, individualized service – and that’s exactly what you can expect when you work with us.