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J. Michael Kelly:
9 Child Custody & Family Law Lawyers, 25 Staff. One of California's Oldest & Largest Child Custody Firms.

Learn how you can save money by assisting in the fact gathering process of your case

Child Paternity Attorney, Lawyer, Los Angeles, California

Paternity is about unmarried child custody and visitation issues. Ask how depositions provide a wealth of information that assists significantly when establishing custody and child support agreements.

Discover how emergency hearings help when your child's health and safety are at stake. Find out how Temporary Restraining Orders affect child custody and in fact can immediately protect them.

Call regarding your child custody move away chances. Find out about the best interest of your children and how you can protect their rights to be great human beings. Be sure to fill-out the Client Questionnaire. No charge consultation (310) 393-0236

Help make a child's life fantastic

CALIFORNIA PATERNITY SUIT (Unmarried with Child)

pa·ter·ni·ty:

1. The state of legally being the mother or father

2. Descent on a mother or father's side; paternal or maternal descent.

3. Authorship; origin.

Paternity suits have exactly the same financial custody, visitation, holiday, and move-away rules applied to them as a divorce.

We always recommend DNA testing to be certain that an 18-year support obligation, that is both financial and emotional, is based on the reality of parenthood.

Paternity suits are confidential and cannot be accessed by anyone other than both parents and their lawyers. The same judges that hear divorces hear paternity cases.

The same "DISSOMASTER" computer program calculates the child support based on the income of the parties and the amount of time the non-custodial parent spends with the child. Child care costs are extra.

The same technology including child psychiatric evaluations, interrogatories, depositions, and financial discovery exists exactly like a divorce.

Don't ever make the mistake of giving less importance to a paternity suit compared to a divorce or you will live to regret it both financially and emotionally.

Who Qualifies as a Presumed Father Under California Law?

California 's parentage rules involve a complicated set of sometimes conflicting presumptions.

First, a man is "conclusively presumed" to be the father of a child if he is both married to and cohabiting with the mother, as long as he is not sterile or impotent.

In law, a "conclusive" presumption usually means that it cannot be rebutted. But this presumption actually can be rebutted, within two years of the child's birth, with blood tests showing that the husband is not the biological father of the child.

Second, a man might also be presumed to be the father of a child on other bases. He could be married to, but not cohabiting with the mother at the time of the child's birth.

A father could attempt to solemnize a marriage to the mother, but have it later declared invalid. Or, he could "receive the child into his home and openly hold out the child" as his natural child.

Presumptions are written in such a way that multiple men may qualify as the "presumed father" of the same child. In theory, multiple fathers could qualify as presumed fathers. As such, some family law Paternity matters turn out to be cases of conflicting presumptions.

These presumptions of fatherhood are rebuttable. They may be refuted "in an appropriate action by clear and convincing evidence" -- which, again, could include blood tests showing true biological paternity.

For the child's sake, please speak with a licensed experienced custody attorney when dealing with paternity issues.

J. MICHAEL KELLY, CALIFORNIA FAMILY LAW:

9 Family Law Paternity and Custody Attorneys:

  • J. Michael Kelly, Esq.
  • Steven Fernandez, Esq.
  • Craig Nadai
  • Marjorie McCarthy
  • Crystal Boultinghouse
  • Mark Karney
  • Matthew Rich
  • Mitchell Sperling
  • Steven Shore

Thank you for your trust,
J. Michael Kelly, Esq
Chairman & Founder

California Family Law Institute (MAP TO OFFICE)
429 Santa Monica Blvd., Suite 120
Santa Monica, CA 90401
(310) 393-0236 Fax (310) 393-4221
California Family Law Institute (e-mail)

DISCLAIMER:
Information provided on this site is not legal advice, please speak to a licensed attorney. Results not guaranteed, your outcome may vary. Reading content on this web site or filling out the client questionaire or sending an email to this organization or speaking with any of it's representatives does not create an attorney-client relationship, or protect any confidential information until a written agreement is signed. This ad is void where prohibited by law.

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