Del Mar Litigation and Paternity Lawyer

Skilled Del Mar Litigation and Paternity Attorney

Establishing or disputing paternity can have resounding impacts on your parental rights, a child’s upbringing, child custody, child support, and other family law matters. However, these cases are not always simple. They often involve disputes or complicated circumstances that mean the case can’t be settled. In this situation, a Del Mar litigation and paternity lawyer can help you go through the litigation process and protect your rights in court.

Work With a Skilled Del Mar Litigation and Paternity Attorney

With a total of 53 years of experience, the attorneys at Andy Cook Law have handled countless paternity cases that were resolved through litigation. We understand how stressful it can be to go to court regarding paternity, which is why we make sure to explain each step of the process and your legal rights.

Our firm is led by Attorney Andy Cook. Andy Cook is a Certified Family Law Specialist, which is a certification that reflects his experience in these types of cases, dedication to helping families in San Diego County, and deep understanding of family law and the relevant court processes.

When Litigation and Paternity Cases Are Needed

When a child is born to unmarried parents, paternity is presumed. However, if parents are unmarried, then paternity must be legally established. In California in the 2024 fiscal year, there were 20,275 parentage filings.

Not every paternity case requires a trial. It is common for parents to use alternative methods, such as signing a voluntary declaration of parentage, which establishes the father’s legal rights and responsibilities without court involvement. These declarations of parentage are often used after a child is born to unmarried parents. In California, 37.9% of all births are to unmarried mothers.

Unfortunately, not every case can be resolved as easily as signing a document and filing it with the court. When the involved parties cannot agree on the case, they may pursue litigation. Paternity litigation cases can involve a father disputing established paternity, a parent trying to establish a father’s paternity, or defending against a child’s parent who is wrongfully attempting to prove paternity.

Establishing paternity is an essential step before many other types of cases involving a parent’s rights and legal responsibilities. This includes cases involving custody arrangements, visitation rights, or child support.

How Paternity Litigation Works in Del Mar

Every paternity case involves slightly different steps and procedures due to the specific circumstances of the case. The general steps may include:

• Filing your case. This step involves preparing certain forms and supporting documentation with the court. Most paternity cases in Del Mar are filed at the North County Regional Center at 325 S. Melrose Drive, Vista.
• Serving the other party. After filing, the petitioner can serve the court papers on the respondent to notify them of their intentions and begin the case.
• Genetic testing. Genetic testing is one of the most common ways for the court to determine paternity.
• Reviewing the results. The court can review the testimony of both parties, the results of genetic testing, and any other relevant evidence to determine the paternity of the child.

Why You Should Hire a Litigation and Paternity Lawyer

California’s paternity laws can be complicated, especially when it comes to the litigation process. It is a good idea to hire a litigation and paternity lawyer who can help you understand the filing process and the legal standards the court uses when evaluating these cases. A lawyer can help you identify your legal options for establishing or disputing paternity, help you prepare and file necessary documentation, and explain the hearing process.

A Del Mar litigation and paternity lawyer can also help you work towards a positive outcome. The results of a paternity case can affect your relationship with your child, financial obligations, custody rights, and long-term parental responsibilities. They can do this by making sure the legal process is fair, protecting your rights, negotiating with the other party, and presenting evidence and arguments to defend your case.

FAQs

Does Family Law Involve Litigation?

Yes, while many cases are able to be resolved outside of court, family law can involve litigation. Litigation is common when both parties cannot agree on key facts of a case or the desired outcome. In a litigation and paternity case, for example, litigation can be involved when a father does not voluntarily sign a voluntary declaration of parentage, or if parentage is disputed.

Can a Father File for Custody If They Are Not on a Birth Certificate in California?

Yes, a father may file for custody if they are not on a birth certificate in California, especially if they have evidence or a strong reason to believe that they are the child’s biological father. Typically, this is done through a voluntary declaration of parentage; however, litigation may be required in complex or disputed cases. If paternity is established, the birth certificate can be changed to have both parents.

What Is the Three Parent Law in California?

The three-parent law in California is a law that allows more than two people to be legally recognized as a child’s parents. The court may recognize three, or even more, parents if it is determined that only recognizing two parents would not be in the child’s best interests. This law can apply in a paternity case because it allows a biological father to be legally recognized as a child’s parent, even if the child has two other parents.

What Is the Statute of Limitations on Paternity in California?

The statute of limitations on paternity in California depends on the specific type of case and the applicable paternity laws. In general, most paternity cases can be filed when the child is still a minor. However, there are exceptions. For example, if you have signed a voluntary declaration of parentage, you may only have three years to dispute paternity and request genetic testing. A Del Mar litigation and paternity lawyer can explain the specific deadlines that apply to your case.

Speak With a Del Mar Litigation and Paternity Attorney

If you are dealing with a paternity dispute that cannot be resolved without court involvement, contact Andy Cook Law to work with a skilled attorney on your case.