Establishing Paternity and Rights to a Child After a Divorce

Paternity suits are often filed after a divorce or when unmarried couples separate. Family Law states that children have a right to support from both parents, and as such either mother or father can file a paternity suit. Family Lawyers like Law Offices of Joyce Marie Holcomb provide sensitive and careful assistance for those who need to end a marriage so that they can move on to a new and happier life.
This helpful site will tell you all you need to know about how to file an amicable separation and manage how children will be affected after the divorce.

Why File a Paternity Suit?
Unmarried women by default have all legal rights to her child. Unmarried fathers do not have any legal standing, unless paternity is recognized by the court. While this usually invokes the right of the child to financial support, it also means that men have reason to file paternity suit to gain rights to their children.
Custody and visitation rights first require paternity to be established. Also, it is not just a biological father that can file for paternity. Filing for voluntary paternity is essential to adoption, and may be part of the terms of marriage and separation.
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Paternity for Out of State Fathers
California allows a mother to file an investigation for paternity even if the father has left or is in another state. The state can claim a ‘long arm’ jurisdiction to require him to appear at court and to undertake genetic testing. If in case the state cannot just claim jurisdiction, your lawyer can file a petition to that state’s courts to establish paternity.
All states recognize child support obligations.

Disestablishing Paternity
While most people think of paternity suits as chasing after child support, it’s also possible to file a paternity suit to disestablish paternal rights. Mother and child may fear that being around the father would cause harm, or that the father’s behavior implies a desire to waive paternal rights and responsibilities.
It must also be filed so that fathers who are proven not to be the biological parents of the child should no longer be obligated to provide child support. Of course, canceling and transferring legal rights from the biological parent to the adoptive parent is also a part of the adoption process.

Parental Responsibilities after a Divorce
The Rights of the Child are often discussed at custody battles, and parents seeking to separate should not use their children as leverage. Mediation is often the best way to make sure that the distribution of properties and financial support will not harshly affect the life of either partner after the divorce. Arriving at a good schedule for visitation and child support will help children understand that their parents do care about them, it will not change, even if they can no longer live with each other.
You can to for a free consultation about how you really can have speedy, even pleasant, divorce proceedings for both sides.

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