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Establishing paternity is one of the most important legal steps in protecting a child’s rights and securing parental responsibilities. But when paternity is disputed, either by the alleged father or the mother, the process can quickly become emotionally charged and legally complex.
At Land Legal Group, we recognize the sensitive nature of contested paternity cases and their significant impact on child support, custody, and visitation. Whether you are seeking to establish or challenge paternity, our Los Angeles family law attorneys are here to guide you through the process and protect your legal rights.
Why Paternity Matters in California Family Law
Paternity refers to the legal determination of a child’s biological father. In California, establishing paternity is critical to determining who has legal rights and responsibilities regarding the child. Without legally recognized paternity, a father may not have custody or visitation rights, and a child may not be entitled to financial support or benefits such as health insurance, inheritance, or Social Security.
Paternity is automatically established when a child is born to married parents. For unmarried parents, it must be established through a voluntary declaration or court order. If either party disputes the biological relationship, the matter becomes contested and must be resolved through the court system.
Common Reasons for Contested Paternity
There are several reasons why a parent may challenge paternity.
These may include:
- The alleged father does not believe he is biologically related to the child.
- The mother claims the named father is not the biological parent.
- Another individual believes he may be the biological father.
- Either party wants to confirm paternity before taking legal or financial responsibility.
- Contesting paternity is not about avoiding obligations. It is about ensuring that legal rights and responsibilities are based on accurate information.
How the Court Resolves Contested Paternity Cases
When paternity is disputed, the court will typically order genetic testing. This involves a simple and non-invasive DNA test using cheek swabs from the child, the mother, and the alleged father. These tests are highly accurate and often determine paternity with over 99% certainty.
Once the results are available, the court can issue a judgment of parentage. This legally establishes the father’s identity and sets the stage for resolving related issues such as child custody, visitation, and support.
In some cases, a man may have previously signed a Voluntary Declaration of Paternity without realizing he was not the biological father. While it is possible to challenge a signed declaration, there are strict time limits and procedural requirements that must be met. Prompt legal advice is essential.
Protecting Your Rights in a Paternity Dispute
Contested paternity cases affect everyone involved, especially the child. At Land Legal Group, we help mothers seeking support, fathers seeking parental rights, and individuals contesting legal obligations that may not be biologically theirs. Our attorneys provide straightforward legal advice, aggressive representation when needed, and a commitment to achieving a fair and accurate outcome.
If you are involved in a paternity dispute in California, contact Land Legal Group at (310) 552-3500 or online. Our experienced Los Angeles County family law attorneys are here to help you navigate this crucial legal process with clarity and confidence.