Santa Monica Parentage
Every family is unique, from its composition to the connection between parents and their children. In many families, parents were married before having children. Others have unmarried parents but mutually recognize each other as the child’s parent. Some have two mothers or two fathers, offering the same love to their children as any other family.
Unfortunately, there are instances where a child’s parentage is questioned for various reasons. Whether due to a false declaration of the child’s biological parents or complications arising from adoption, families facing this issue must undergo a lengthy process to establish and finalize it in court. However, you can seek the assistance of a family law firm to simplify and expedite the process.
Benefield Law - Family Law Trial Advocates P.C.‘s Santa Monica parentage lawyers are prepared to help you establish parentage, regardless of your family’s current situation or setup. Once we understand your situation, we will meet with you to explain the legal actions we will take to establish or cancel parentage. This ensures you are well-informed about the process and can decide how you want us to proceed. Rest assured, we will handle your parentage case with care, ensuring that the process is smooth and does not create unnecessary problems for you and your child once it is complete.
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Santa Monica Parentage attorney.
Definition of Parentage in California
The Uniform Parentage Act in California defines parentage or paternity as the legal relationship between a parent and a child.
Typically, it is automatically assumed that the spouse of the child’s mother is the child’s parent or that the parents, while not married, have been cohabiting since the child’s birth. However, there are instances where a child’s parentage is identified through voluntary acknowledgment or a court order, using evidence to establish the connection.
If you have uncertainties regarding your child’s parentage, you can trust our Santa Monica lawyers to assist you. We can explain how the parentage act works and guide you through establishing parentage.
Methods to Establish Parentage
In California, two significant methods are employed to determine parentage: signing the Voluntary Declaration of Parentage (VDOP) form or seeking a court decision.
The first method is typically completed at the hospital during the child’s birth or within a few days for any reason. Once filed, the VDOP functions similarly to a court order, officially identifying the child’s legal parents. Alternatively, the court can be approached to determine the child’s legal parents if there is a parent who is unwilling or denies the claims. In such cases, the court may request both parties to undergo a genetic test and, in certain instances, provide additional information, mainly if the child is adopted or conceived through surrogacy.
Our Santa Monica, CA, family law firm has assisted clients with their family legal matters for years, including parentage cases. Leveraging our experience, we can promptly determine the required forms, guide clients on where to file them and provide legal advice for their cases.
Benefits of Established Legal Parentage
Whether you are married to the child’s mother or not, establishing parentage can bring significant advantages for you and your child.
As a parent, you gain the right to actively participate in your child’s life and make crucial decisions for their well-being. Seeking custody or visitation rights becomes a smoother process without concerns about the other parent obstructing your involvement. If your rights are denied, legal recourse is available to have your rights recognized by the other party. Additionally, your name will be included on the child’s California birth certificate.
Meanwhile, your children stand to benefit from established legal parentage. They can access their parents’ health records, crucial for their health checks. Furthermore, if born outside the country, the child qualifies to become an American citizen, provided their parents are American citizens.
Canceling Parentage in California
In certain situations, individuals have cause to question their child’s true parentage. Fortunately, there are avenues to cancel parentage based on the initial declaration.
Deprivation of the parental rights of the Father. The law protects children from dad violence. Mother with child apart from father and judge’s hammer
For those who have signed the VDOP, rescinding one’s parentage can be achieved by simply submitting the Rescission form to the court or the DCSS. Alternatively, a judge can cancel or set aside a judgment order, such as legal parentage, for specific reasons such as fraud, default judgment, or threats. Individuals opting for this route must provide the legal reason during their filing for the court to consider their request.
You can trust Benefield Law - Family Law Trial Advocates P.C. to help you deal with this legal battle, explain how it works and its potential setbacks, and file it before the court. Our legal team will also do its best to reduce any potential impacts this legal move can have on the children, which will be affected once the court approves it.
Free Consultation Today
When doubts arise regarding your child’s parentage or your right to be their parent, state laws are in place to assist you in establishing and officially recognizing it through the court.
Let our Santa Monica parentage lawyers guide you through your situation, preventing confusion in establishing or questioning parentage. With us as your legal partner, you can rest assured that your case will be handled carefully, aiming for a resolution that all parties can agree upon.
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Santa Monica Parentage attorney.