Why is paternity important

Under California Family Code section , the man the mother identifies as the father at the time of the birth has the opportunity to complete a voluntary declaration of paternity. Once the declaration is signed by both parties and witnessed , hospital staff forward the signed document to the Department of Child Support Service within twenty days of the date the declaration was signed.

Generally, this completed and properly filed voluntary declaration of paternity establishes the paternity of a child. Should there be any legal issue, this signed document should have the same weight and effect as a legal paternity judgment. It is important that Brown be declared as a father to the child should Brown seek legal custody of the child. This is why paternity is important to establish.

Paternity must be established if you are seeking full custody. Full child custody, also known as sole custody, means all legal parental rights are assigned to just one of the parents. Most family law courts award joint custody, because it has been found to be in the best interest of a child to be raised by both parents.

Usually when a parent files for sole custody it is because they see the other parent as unfit to take care of the child. This can be for various reasons, including: inability to provide for child, abuse, or a history of abuse or addiction. Seeking full custody can be difficult if you are unable to prove that the other parent is unfit. Determining paternity and seeking child custody can be difficult. But an attorney will be able to help you through.

They can advise on co-parenting schedules and how to work out child custody and alimony agreements should you decide to co-parent. Working with an attorney will help you receive a fair agreement. Paternity Paternity is defined as: the state or condition of being a father. Paternity Tests There are various other reasons for why a paternity test may be ordered, including the following: Financial Reasons A mother seeking child support compensation will need proof a certain man is the actual father of a child, especially if he denies it.

Helpful for Fathers Paternity tests determine if a child is yours or not. At-Home Paternity Tests There are many claims about at-home paternity tests, but only tests taken in court-approved locations can be deemed as legally official. Establishing Parental Rights Because parents are often unmarried at the time of conception or birth of a child, a paternity case might need to be opened in order to establish paternal rights.

California Family Code section Under California Family Code section , the man the mother identifies as the father at the time of the birth has the opportunity to complete a voluntary declaration of paternity. Determining Custody Full child custody, also known as sole custody, means all legal parental rights are assigned to just one of the parents. Do Not Show Again Close. Reasons for Establishing Paternity. Identity When children know they are part of a family, they are likely to be more secure about who they are and where they come from.

Self Esteem Children respond to love and support from both parents. Relationships Both parents have a right to establish a healthy relationship with and responsibility to care for their child. Financial Children deserve, and the law requires, that both parents support their children. Access to Information Legal fathers and mothers have the right to be notified of adoption proceedings, juvenile court hearings, and custody hearings involving the child.

Health History Children and their health care providers need to know the family's medical history such so they can be aware of whether they may have inherited any special health problems or genetic traits from either side of the family.

Other Benefits Your child has the right to other possible benefits from both parents. Some of these benefits may include: Health insurance Inheritance rights Life insurance Military benefits Social Security from a deceased or disable parent Tribal registration Worker's compensation benefits Legal Assistance, resources and information.

County Maps. Online Payments. So when might this arise and how does the law deal with such disputes? It is possible to raise an action either in the Court of Session or the Sheriff Court to ask the court to grant a declarator of paternity.

This is an order confirming that the Court finds man X to be the father of child Y. Such an order might be sought as part of an action raised by a man seeking to have contact with a child he believes is his child and have it acknowledged that not only is he the father but is entitled also to ask the court for an order of parental rights and parental responsibilities.

It might similarly be raised by an individual seeking confirmation of their parentage which has been disputed or denied, just as Ms Boel has found. Advances in DNA testing mean that establishing paternity can be very straightforward.

A Court can request an individual, under section 70 of the Law Reform Miscellaneous Provisions Scotland Act , to provide a sample of blood or other bodily fluid for analysis and to consent for the taking of a sample from a child for this purpose.

The Court cannot order a person to submit to testing. It is a request but where such a request is refused then the court is able to draw an inference from the refusal or failure in relation to the ongoing court proceedings.

Proceedings can also be raised or used as a defence to ask the court to confirm that a man is not the father of a child. This is known as a declarator of non-paternity. Again DNA testing can be used and again an adverse inference can be drawn if there is a refusal to agree to such testing.

The court must be satisfied on the balance of probabilities that such orders of paternity or non-paternity should be granted. The Court will look to draw on other circumstantial evidence together with any adverse inference it may take from the failure to consent or submit to DNA testing if that situation arose. This other evidence may include a chronology of the alleged intimate relationship and if it aligns with the date of birth of the child. The Court may also be presented with such evidence as eye colour which has a basis in genetics or skin tone may even feature.

If a father is married to the mother of his child he will have automatic parental rights and parental responsibilities. Provided that an unmarried father jointly registers the birth of his child with the mother, then the unmarried father will benefit from having automatic parental rights and parental responsibilities.