Why It’s Important to Establish Paternity in California

California has specific rules regarding who can be considered a child’s parent. In many cases, these laws follow common sense. Most fathers know that they’re the father and don’t need the court to inform them.

There’s one scenario where the law can differ, however: If you are unmarried when the child is born, the state will not recognize you as the father. In this situation, the state will recognize the parental rights of the birth mother only. The way that you solve this problem is by establishing parentage through the court system or by completing the appropriate paperwork.

 

An Important Process

Parentage is how an unwed father can protect his legal right to parent his biological child. Establishing parentage requires completing paperwork and having a hearing before a judge— especially if the biological mother is contesting the relationship you have with your child. An experienced family law attorney can help you establish your parental rights and ensure all of the following:

• Your name is on the birth certificate
• You have custodial and visitation rights
• You can purchase health insurance for your child, make decisions regarding medical care, take part in school enrollment, and so on

Establishing parentage also gives your child specific rights such as the ability to inherit if you die, collect on your veterans or disability benefits, be on your health insurance policy, have access to family medical records, and similar things.

 

Verbal Understandings Are Not Enough

It may seem strange, but you could live in the same household as your child and everyone could understand that you are the parent, but it is still not enough to guarantee either your rights or your child’s. For example, it is unlikely that you could enroll the child in school without being listed on the birth certificate.

If you and the biological mother separate without parentage being established, you could not immediately seek custody or visitation rights. You would first need to go through the process of establishing parentage, delaying the process.

Additionally, if you were to die, your child would not have rights as one of your heirs, even after knowing that you were the father. This is not a situation you want to place your grieving child in.

 

Cases of Conflict

If there is a dispute regarding parentage, one parent may still petition the court, and a DNA test may be ordered. Once the results are in, parentage can be established, even on protest.

 

Child Support

Once the court identifies both parents, if they separate or divorce, child support can be established after evaluating the income of both parties along with the custody situation. Without parentage, the court cannot enter an order of child support.

 

Help from a Rancho Cucamonga Family Law Attorney

Legally establishing parentage is a necessary and important step in exercising your parental rights. Nothing should interfere with the bond between parent and child, and you deserve be involved in your child’s life. For help establishing paternity and resolving any other family law issues, contact the Law Office of Laurence J. Brock. To schedule a free consultation, call 909-466-7661 or reach us online through the form on this page.

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The New Year Is a Good Time to End a Bad Marriage

If you feel like you’re stuck in a bad relationship, 2017 may be the year to make a change. Now that the holidays are over, it’s the perfect time to consider what you want out of life. What do you want going into the new year and can it happen within the confines of your current marriage? For many couples, the answer is, unfortunately, no.

While there is no perfect time to get a divorce, starting the process at the beginning of the year does have several benefits. First, people are mentally and emotionally conditioned to anticipate change when the new year comes. Whether the changes are large, like ending a relationship, or smaller, like losing weight, people anticipate that there will be adjustments to lifestyle, perspective, or relationships. This means that you may be more mentally and emotionally prepared to end a bad relationship today then you will be six months from now. Your mental preparedness, even subconsciously, can influence how well you handle a divorce.

Additionally, divorces take time to complete. It will take time for you to separate property, file for divorce, have hearings, go to court, and so on. It is not uncommon for a divorce to take six months to a year to complete. Starting one now will give you the opportunity to wrap everything up in 2017 so that you can begin 2018 with a new life and a fresh perspective.

 

Why Is It Good to End a Bad Relationship?

As a family law firm, we would never tell you what is right for your unique marriage. Whether you stay or leave is entirely up to you. However, there is scientific research to support ending a bad relationship. Researchers at Michigan State University studied 1,200 men and women over five years. They found that women in a bad marriage were at a greater risk of experiencing heart disease. In other words, a bad marriage really can break your heart.

A bad relationship can also cause enormous amounts of stress that can lead to anxiety, depression, and feelings of despair and hopelessness. This is not a good way to live!

To start 2017, you most likely have already made a resolution or two. How much more difficult will they be to uphold if you are fighting these negative emotions?

 

The Process of Getting Divorced

While you make the decision to end your marriage and get a divorce, it is important to understand how the process works and what you should expect. First, you should call our office and speak with a divorce attorney. Your former spouse is likely to retain his or her own attorney, so it is necessary to protect yourself by securing your own legal representation.

There are also a number of pitfalls that you might fall into if you don’t have a family law attorney looking out for your best interests. For example, if you want to have custody of the kids, you should remain in the family home. If you are worried that your spouse may try to cut you off financially, you can open a credit card in your own name and even open a separate savings account. These are things that we can discuss during your free consultation.

Once you have retained an attorney, the separation process can begin with the initial case filing and proceed on to negotiations, possibly going to trial later—if it becomes necessary. While a complex process, at the end of your divorce, you will be free of the negativity that is currently surrounding your marriage.

 

Contact a Rancho Cucamonga Divorce Attorney

To speak with a family lawyer about your options, call the Law Office of Laurence J. Brock at 909-466-7661 or complete the contact form below. Divorcing is a difficult decision to make, but starting 2017 by ridding yourself of a dysfunctional marriage could improve your life later and even open up new opportunities for happiness.

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Reasons to Request Alimony or Child Support Adjustments

It is possible, although difficult, to get your alimony or child support order adjusted after your divorce. This is typically an uphill battle, so hiring an experienced family law attorney will make the process easier and more likely to succeed.

For an adjustment to be considered, you must prove one of the following:

• There has been a significant change in financial circumstances since the initial order was entered by the court.
• The needs of the child have changed.

 

Financial Reasons to Request a Change in Support

You can petition the court to have spousal support or child support adjusted based on a change in either your or your ex’s financial circumstances. Listed below are just a few of the situations that might qualify:

• Job loss or a severe reduction in hours being worked
• New children being born and requiring support
• The paying spouse retiring
• A new job that will result in an increase in income

 

Health Reasons to Request a Support Change

If the person paying alimony or child support is facing severe health problems, unable to work, or paying expensive medical bills, there may be justification to request a temporary change in the payments being made. You will need to demonstrate why this is necessary, and a judge will ultimately decide how to proceed.

 

Changes in a Child’s Circumstances

Child support is set during the divorce, but as children grow, their needs may change. It is possible that they will require additional educational support, have a unique opportunity, be heavily involved in sports, or require medical care that was unnecessary at the time of the divorce.

Any of these circumstances could require increased financial support from both parents, and child support will need to be adjusted accordingly. In this case, it is typically the custodial parent who will bring the request before the court, but either parent can.

 

Miscellaneous Reasons to Adjust Support Agreements

It is also common to request changes in alimony or child support arrangements if the spouse receiving support has remarried or is purposefully not working.

 

The Adjustment Process

You can make alimony or child support changes in one of two ways: You and your ex-spouse can either agree to the change or petition the court and have a judge decide. If you can agree to an adjustment, this can save a significant amount of time, but you should still have an attorney draw up the new agreement and present it to the court for final legal approval. Without a judge’s signature, your changes won’t be valid.

If you cannot agree, you must petition the court to have the changes made. Your ex-spouse will need to be formally heard, a date set for the hearing, and arguments made before a judge. Working with an attorney will make it much easier for you to present your case, demonstrate its strength, and successfully argue why your request should be granted. A judge will make the final ruling after hearing from everyone, so it is important to prepare a strong and valid argument.

 

Consult a Rancho Cucamonga Family Law Attorney

Getting a fair alimony or child support plan isn’t easy, and getting adjustments approved later can be an equal challenge. The Law Office of Laurence J. Brock can help you demonstrate your need for a change before the court and give you the best chance for success. To get started with a free, no-obligation consultation, give us a call at 909-466-7661 or reach us through the contact form below.

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