Paternity  

A paternity action is a lawsuit used to establish parental rights when the parents were never married. This type of action is used to establish child custody and visitation orders, along with establishing each parent’s legal rights and duties. Child support may also be addressed through paternity actions.

This is an important step that ensures the legal rights and responsibilities of both parents and children are covered, creating a safe environment for those who are most vulnerable. 

Paternity creates a formal parental relationship that allows your child to benefit from financial support, medical and educational records, and the emotional security of knowing both parents are committed to their well-being. This serves as a form of emotional blanket for your child.

For parents, establishing paternity helps you get a clear path as regards custody, visitation, and child support obligations. This ensures that you have a fair and structured arrangement with co-parenting.

At Matevosyan Law Group, we understand the advantages of paternity in resolving disputes, formalizing parental roles, or modifying existing orders. Even though the process can be complex and emotional, our team of family law attorneys is experienced in helping families navigate paternity, helping them build a strong foundation for the future.

 Child Custody and Visitation – “Best Interests of the Child”  

 Under California’s Law, child custody and visitation decisions are made according to your child’s best interests. During this, the court considers factors like: 

● Health, safety, and welfare: Your child’s health, safety, and welfare are the most important considerations. This ensures that your child is safe and provided for. 

● Parental motivation: The court chooses what is best for your child over what you may want. This is because parental desires and selfish motivations during a custody battle spur many parents to act unseemly. 

● Emotional ties: The emotional ties between the parents and the child are considered because this creates a foundation of trust and comfort. 

● School, home, and community ties: The child’s ties to their school, home, and community are also considered because they play a direct role in stability, community, and sense of belonging. 

 Other things to consider about child custody and visitation in California include:

● Joint legal custody

When both parents are granted joint legal custody, this means they must come to a collective decision about the child’s health, welfare, and education. 

● Sole legal custody

When only one parent is granted the ability to make decisions regarding the child’s upbringing and decision-making, consent from the other parent is not required.

● Physical custody

Physical custody refers to which parent a child will live with,and it can be either joint or sole. Joint physical custody is where the child spends significant time with both parents, though it may not necessarily be a 50/50 timeshare split. Sole physical custody is when the child lives primarily with one parent while the other parent has visitation rights.

● Visitation

The parent who is not granted joint or sole physical custody usually has visitation awarded. The visitation schedule varies based on the parents’ agreement or court order.

● Supervised visitation

In situations where one parent is not granted physical custody and may pose a risk to the child’s safety and welfare, the court may order supervised visitation.

● No visitation

Though paternity and parentage are deemed important, the court may issue a no-visitation order if visitation is not in the child’s best interests. 

● Recommending Counselor/Child Custody Mediator

In most instances, a recommending counselor or mediator will be seen before a court makes any custody orders. The counselor or mediator typically meets with both parents, finds what each parent is seeking, and recommends custody orders while considering the child’s best interests.

 Temporary vs. Final Orders  

Temporary orders are orders issued early by the court in a custody case to address your child’s immediate needs while the child custody case is ongoing. These temporary orders determine things like where your child lives, visitation and how they are handled, and child support.

These types of orders are not permanent and are ordered to make sure that your child is stable during the legal process. They can also be adjusted as the court case moves along and more information is provided. 

Final orders are issued when the child custody case is completed. With these orders, long-term arrangements are made for your child’s welfare. These orders take into account all evidence presented during your custody case, including the child’s best interests, the parent’s circumstances, and any other agreements reached during the case. 

Once final orders are issued, they are binding. But, these orders can only be modified with a change of circumstances. 

Child Support  

Establishing paternity is a legal requirement for determining and enforcing child support. Once the court confirms paternity, the father gains all the legal rights and responsibilities, including the obligation to pay child support. This ensures your child has access to necessary resources like housing, education, and medical care, thereby contributing to their overall well-being.

If legal paternity is not confirmed, the court cannot enforce child support. This leaves your child without essential financial support. Paternity is also for more than your child. It also protects the father’s rights, allowing custody or visitation agreements to be put in place if the parent is granted physical custody.  

Judgment to Finalize  

A final judgment by the court in a paternity case legally establishes the parental relationship and outlines the rights and responsibilities of each parent. This judgment is important because it formalizes decisions about child custody, visitation, and support, making sure that your child’s needs are met and both parents have defined roles.

This also ensures clarity and stability, allowing parents to move on to co-parenting plans or fulfilling financial obligations. The child also benefits from this because both parents are recognized, and they get access to other benefits like access to insurance, inheritance rights, and emotional security. 

The child’s best interests are the court’s top priority during any paternity/parentage stage of a child custody case. This ensures that your child has a stable foundation for their future.  

 Post-Judgment Modification – “Changed Circumstances”  

Custody modification is a legal process where the current child custody or visitation arrangement is adjusted to fit the evolving needs of a family better.

 There are reasons why parents may seek a modification of custody. These include a parent’s relocation, changes in the child’s needs, or a parent’s life circumstances.

 Matevosyan Law Group’s child custody lawyers also support our clients and families through child custody modification requests by helping you effectively present your case to the court.

 Conclusion  

Paternity plays a big role in building a strong foundation for your child. It also provides a sense of identity and much-needed stability, especially after the end of the parties’ relationship. In all family law matters, it is important to know that you don’t have to handle it alone, especially when you need to go to court.

 Contact Matevosyan Law Group and discuss your paternity, child custody, and visitation needs with an experienced attorney. Your family law attorney will provide clear next steps and personalized advice for your unique family situation.

(951) 588-6023