San Diego Father’s Rights Attorney
Fatherhood is one of the most rewarding things a man can ever have in life. Therefore, the law provides the right of fathers to have a functional relationship with their children, especially in cases of divorce or legal separation. In a harmonious or well-established marriage, paternal rights have no problem. However, apart from a legally established marriage, problems with a father’s relationship with his child or children can arise.
The fact is, California laws state that if a man is unmarried to the mother of his child, the mother has all the legal leverage and power over the life of the kid. While both the mother and the father have legally protected rights over their relationship with their child, if there is no marriage, the father still has to establish paternity for these rights to be established. Of course, if their relationship is harmonious, there is no need to involve the courts.
They can just live together as a happy family. The establishment of these paternity rights comes into play when the mother does not want the father to be involved in the child’s life. Unfortunately, without marriage, she can do this easily.
Regardless of the state of your relationship with the mother of your child, Marc Shular Law is here to help you protect your San Diego father’s rights. We believe that being a father is an amazing part of life. And if you truly deserve this role, we are here to do everything we can to make sure your paternity is legally established and that your relationship with your child or children is legally protected. Call us as soon as you find problems with your paternity, and we’ll be right there to help you out.
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a San Diego Father’s Rights lawyer!
Establishing Father’s Rights
California’s Family Code uses the legal terms “paternity” or “parentage” to refer to a man’s legal fatherhood and all related rights. A man has legal paternity in relation to a child if (1) the man is married to the mother of the child when the child was born or if (2) the man, woman, and child is living in a clear family setup, and the father provides and contributes to the upbringing of the child.
In the case that these facts are not established, the man involved can obtain legal paternity by filing for a court paternity order or signing a voluntary declaration of paternity. Either the mother or the man can request a court paternity order. Even a local child support agency or adoption agency can file this as a legal service to the couple involved. After the court approves, they will order the man to get their DNA tested.
If the man refuses the test, paternity will not be established. Otherwise, the now established father can now enjoy certain arrangements of child support and custody, although the court does not immediately favor the father in such situations. Of course, the welfare of the child is still the top priority in deciding how much involvement will be allowed for the father.
However, it is important to note that today, many fathers are considered prime custodians. Their rights as fathers, if they deserve it, are well protected by the law.
The Importance of Legally Protecting Your Relationship
The law actually allows for a divorced or unmarried couple to decide on child-raising arrangements by themselves. However, there have been many cases wherein the mother would change her mind regarding the situation and refuse the father certain connections with the child. Since their arrangement is informal and not legally protected, the father has no power to assert himself.
California law states that a child does not have a legal father if the couple is unmarried and paternity is not yet established. Even if they both know that the man is the biological father, the man’s legal rights are nonexistent until the paternity test is made. Unfortunately, if this setup is not changed, the danger is that the mother can leave the father out of the child’s life and have no legal repercussions at all.
A paternity establishment would ensure the legal rights of a father to his child even if the mother refused to include the man in the life of the kid. This process also gives way to legally protected child custody and support arrangements, which further protects the rights of a father to have a regular, working relationship and connection with his child. If you want to do this process, just give Marc Shular Law a call, and our San Diego father’s rights experts will provide every legal service you need.
Divorced Father’s Rights
Divorce is never an easy experience. If you want to protect your legal rights regarding your relationship with your child, we can help you with that.
With the help of the law, a divorce should not hinder you from spending time with your kid through visitation rights or deciding on your kid’s life aspects, such as residence, upbringing, education, health issues, or religion.
Because he was once legally married to the mother, a divorced father does not need to establish paternity to assume these custodial rights to their children. However, certain problems can still arise, such as disagreements with time-sharing plans. With us, you can have the best help in settling the rights that you want to have regarding your relationship with your child.
Contesting Established Paternity
There are cases where the paternity or the biological fatherhood of a man can come into question. These situations may even arise even if the man has already spent years raising the child with the mother. There are even unfortunate cases where women would write down a man’s name as a father even if the validity of their paternity is significantly doubtful and their relationship as a couple is not well established at all. In establishing paternity, especially in complex situations, you need a San Diego father’s rights attorney that you can trust in terms of skill and experience.
A DNA test is an absolute way to determine paternity. The court can order this whether the man whose paternity is questioned is married to the mother or not. Sample DNA of the parents and the kid will be taken and analyzed in a legally approved laboratory to determine paternity accurately. There are cases wherein the results of the test are not what the parents or the man wanted. Whatever the result is, if you still want to sustain a working relationship with the kid, Marc Shular Law is here to help you out. From requesting a court order for a paternity test to helping you seek solutions for problems caused by unfavorable DNA test results, our San Diego father’s rights experts are here to help you out.
Let’s Talk Now – Free Consultation
Marc Shular Law knows the struggle of fathers who want to seek the legal validity of their fatherhood so they can have a working relationship with their children. Since every child deserves to have a good father, we are here to help every father seeking to protect their rights to support the raising of their children.
We have a team of San Diego, CA father’s rights experts to help you exactly in this endeavor. From figuring out paternity issues to settling visitation and time-sharing rights, we are here to provide you with all the legal services you need at the highest quality possible based on our top-notch skills and years of experience. You will not regret choosing us to be your partner in settling your father’s rights!
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a San Diego Father’s Rights lawyer!