paternity and father's rights

 As a Redondo Beach paternity attorney, I represent mothers and fathers who are involved in paternity actions. 

Unmarried couples who have children may establish their legal rights for child custody, child visitation and child support through a paternity action. If the father is listed on the birth certificate and there is no dispute regarding parentage, then it is less complicated to obtain a judgment of paternity. Fathers are at risk where the mother of their child seeks financial assistance from the government. If that happens, the government is required to file a paternity action against the alleged father to establish a child support order for the mother, or to reimburse the county for welfare benefits against the alleged father. Many times, the alleged father is not even aware that the county has established paternity and obtained a child support order against the father. Fortunately, there are procedures that allow the alleged father to set aside the judgment if he acts in a timely manner.

In order for an unmarried mother to obtain child support from the father, she must file a paternity action. It is important for her to act sooner rather than later, as child support can only be ordered from the date the action is filed going forward. A mother may also recover expenses related to childbirth. Oftentimes, when a father is sued for child support, he requests visitation and custody rights as part of the proceeding; therefore, a mother should seriously balance her requirements for support from the father with the potential result of the father gaining custody and visitation rights over the child. A mother should also be aware that if she seeks government assistance, then the county is required to file the paternity action, which could result in unwanted custody and visitation for the father.

 California is in favor of children having frequent and continuing contact with both parents in the event of a divorce. If you are a father who is going through a divorce, you can find encouragement in knowing that if you have been involved in your children’s lives, the outcome of your child custody determination should be favorable.

While California’s laws are in favor of both parents, it is still imperative to have a Redondo Beach fathers’ rights attorney who can ensure that your rights are fully protected under the law. With more than 22 years of family law experience, I can guide you through the steps of your divorce, including the step of determining a child custody and visitation schedule.

 As your lawyer, I will help you arrive at a fair and realistic custody arrangement. Custody comes in two forms: physical custody and legal custody.

• Physical custody refers to where the children live. Determinations will be based on various factors, including the age of the children. For instance, younger kids might stay with mom for two days, dad for two days and then split weekends. Older children (teenagers, for example) might benefit more from a different schedule. Each parent-child relationship will be evaluated on a case-by-case basis. The presumption is in favor of both parents raising the children.

• Legal custody refers to decision-making authority. In the vast majority of situations, both parents need to be a part of the key decision-making process. Legal custody involves the right to make decisions regarding the children’s health, education and welfare. If orders are not in place requiring joint consent, either parent acting alone can make a decision without consulting the other parent. It is imperative to have legal custody orders in place to ensure that parents confer on decisions regarding school, medical care, counseling, extracurricular activities, driver’s licenses and all other decisions that parents must make on a daily basis for their children.

 Physical custody is one of the main factors that is involved in calculating the amount of child support. If you are a father who will be paying child support, the more physical custody that you have, the less you will pay in child support. For example, if you have joint physical custody of the children and will have them essentially 50 percent of the time, you will need money to financially support the children. The support payments will take that into account.

It is important to note that if you have moved out of the family home and the mother has started limiting contact with your children, you should not wait to take legal action. The courts will make custody orders based upon the status quo. I can help you get into court before the status quo develops and ensure that you are awarded time with your children.

Past-due child support is called child support arrears. If you are arrears in child support, the mother cannot withhold the children from you — she must continue to comply with child custody orders. If you are not paying child support, you are obligated to pay. You may be held in contempt of court for failing to pay child support. You could face serious consequences for not paying, including fines and/or jail time. If you are in this situation, I can advise you of your rights and options.