If a child is born to parents who are not married to one another, or parents who are not in a registered domestic partnership, determining parentage can be a little tricky. However, there are several ways that it can be done.
When a child is born, the biological mother is usually simple to determine. However, until parentage has been determined, a newborn child does not have a legal father. In order to require a person to pay child support, it must first be determined that he is the legal parent of the child.
To request one on your own, you will need the following court forms.
• A Request for Order
• An Income and Expense Declaration or a Financial Statement (Your attorney or your local child support agency can help you determine which one you need.
Code of Civil Procedure: 473 – Mistake, Inadvertence, Surprise, or Excusable Neglect
Within the first six months, you may request that the judge set aside or reverse a default if the judgment was entered due to a mistake, excusable neglect, inadvertence, or surprise.
When it comes to changing or modifying a custody order in California, it is important that you consider your child before everything else. Even if you are angry that the child’s other parent is not following the terms of the custody order, the child is the priority. A judge will not sign a custody order that is not in the child’s best interests.
When a child marries or enters a registered domestic partnership, the child is financially independent and child support may be terminated;
If a child joins the military, he or she is financially independent and the parents’ child support obligation may be terminated;
A child who is emancipated is no longer financially dependent on his or her parents, and child support may be terminated;
If a child dies, child support obligations may be terminated;
When a child turns 18 or graduates from high school, he or she is considered an adult and child support will usually be terminated, unless the 18 year old is a full time student in high school and still lives with a parent. In this case, when the child graduates from high school or turns 19, child support may be terminated.
This document simply says that the two people signing it are the legal parents of the child, and they have both legal rights and obligations regarding that child.
Once a Voluntary Declaration of Paternity has been signed, both parents’ names can be put on a child’s birth certificate. If the father does not sign at the hospital where the child is born, his name can be added to the child’s birth certificate at a later date.
Both child support orders and child custody and visitation orders will likely need to be modified at some point after their creation in order to remain useful. There are various reasons that modifications might be necessary, and a specific court process exists just for these situations.
As with all matters regarding family law and children, it is always best to consult a skilled family lawyer in California prior to initiating the process of modifying a court order.
If you can’t decide whether you’d rather file for a divorce or a legal separation, consider your current situation. One of the most common reasons for choosing a legal separation over a divorce is a failure to meet the residency requirements.
- 625 The City Dr S #490, Orange, CA 92868Attorney, presentRepresent clients in all Family Law matters in California.
625 The City Dr S, #490 Orange, CA 92868
Attorney Bettina Yanez is a California Certified Family Law Specialist; in other words, she is consider an expert in the field of Family Law in the State of California.
The Firm's mission is to help families regain their lives, establish their self worth and achieve peace of mind.
We are proud of our proven track record in helping families with divorce, child custody, child visitation, domestic violence, property division; paternity. Our firm has established attorneys available to assist you with your legal needs. The founding attorney, Bettina Yanez is approved to represent children as Minor's Counsel for the Orange County Superior Court and holds three County Contracts representing indigent clients with Contempt of Court actions, Paternity and indigent Minor's Counsel. When you retain Yanez & Associates you can rest assured that you are in the hands of experienced attorneys with over 40 years of proven litigation experience.
Don't delay and call today for a free consultation, contact the Orange County Family Law Firm , 24/7 at (714) 971-8000
- Western State University College of Law1996
- Pitzer CollegePsychology, 1983
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