Parentage - Child Custody

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Parentage - Child Custody

Family Lawyers Los Angeles County

Becoming a parent is an incredible joy. Holding your newborn and watching them grow is life-changing. Sadly, some fathers miss these moments due to relationship issues. Every child deserves love and support from both parents.

Many fathers face tough challenges like growing up without a father, abandonment, or domestic violence. These experiences can make fatherhood hard and fill it with doubt. But overcoming these obstacles is key to building a strong bond with your child.

At Progresso Legal Group, we understand these struggles. We specialize in Family Law, paternity cases, Request for Orders, Child Support, Visitations in in difficult circumstances helping with paternity determination, custody, and visitation rights. Our goal is to help fathers stay present and active in their children's lives.

In California and beyond, many fathers face these challenges each year. Without proper guidance, they may lose precious time with their children. At Progresso Legal Group, we have successfully helped thousands of fathers navigate these issues. We can evaluate your family law case and establish a strategy to defend your rights and those of your children. Call us today to see how we can support you in becoming a dedicated and present father. We are here to help you build a loving and stable relationship with your child.

Divorce
Child Custody
Child Support
Children’s Law
Spousal Support
Domestic Violence
Paternity

The Process for Establishing Paternity

When parents are not married, it's crucial to start the legal process to establish paternity through the family court. This ensures the father is legally recognized as the child's parent, committing to provide the necessary legal, physical, emotional, and financial support for the child's well-being. This recognition creates a stable environment where children can thrive both physically and emotionally, providing them with security.

Navigating a paternity case involves many complex elements and emotions, making it essential to have the guidance of an experienced family law firm or attorney. At Progresso Legal Group, we have been supporting families in Los Angeles for over 25 years, addressing each situation with a personalized approach. We deeply understand the importance of strengthening the bonds between parents and children.

In California, paternity can be established through a voluntary declaration at the time of the child's birth in the hospital or through a court order via the family court. Both methods ensure that parents can actively participate in their children's lives, promoting their overall well-being and stability.

Who is Considered a Presumed Parent in California?

In California, a man is considered the legal father of a child if he meets certain criteria. One of the primary ways to establish paternity is through a Voluntary Declaration of Paternity (VDP). This process involves both parents signing a VDP form, which can be done at the hospital during the child’s birth or afterward.

This form is free and is a significant step in creating a legal parent-child relationship. By signing the VDP, both parents acknowledge the man as the child’s legal father, ensuring that the child has the love, support, and stability they deserve.

Establishing paternity through a VDP helps secure the child’s future, providing them with the emotional and financial support they need to thrive. It also grants the father important legal rights and responsibilities, allowing him to be an active and loving presence in the child’s life. According to the laws of California, a man is recognized as another parent or assumed to be father of a child if any one of the following conditions are met:

Marriage at Conception or Birth: Being married to mother at the time when baby was conceived or born.

Attempted Marriage: If Father tries to marry Mother but this marriage is invalid and child comes into existence during this period.

Marriage After Birth: The presumed father is married the mother of the child after the minor birth and agreed to add himself to the minor’s birth certificate or to support the child.

Acceptance and Acknowledgment: He accepts these kids as his own by acknowledging them in public events like social media posts where he claims them as biological sons/daughters through videos/pictures; also presents them before close relatives such as parents who treat grandchildren equally alongside other siblings born within wedlock.

For unmarried parents, it is essential to legally establish parentage. This legal recognition allows both parents to secure the best possible future for their child. It creates a legally binding connection, which is crucial for court proceedings to determine benefits and rights for the child.

What Benefits Are There From Establishing Paternity?

Ensuring Legal Recognition and Emotional Bonds. Every child deserves the love and support of both parents. Establishing paternity ensures that the law recognizes a father as a child’s legal parent. This recognition not only benefits fathers by granting them legal rights but also guarantees children access to the emotional and financial care they need. It creates an environment where children can grow up strong and confident, knowing they have a paternal role model.

In California, paternity can be established in two primary ways: by filing an action in court or by signing a voluntary declaration of paternity under penalty of perjury. Navigating paternity cases can be complex and emotional, so having the guidance of experienced lawyers is essential.

For over 25 years, we have been serving families throughout Southern California, one family at a time. Our extensive experience in Los Angeles Family Law court system has shown us the profound impact a strong father-child relationship can have on a child’s well-being. We are dedicated to helping families establish these crucial legal bonds, ensuring that fathers can be present and active in their children’s lives.

Court Order for Paternity

Either parent can file a Petition to Establish Parental Relationship in family court to initiate a parentage case for their minor child. If the parents have a disagreement about paternity, either parent can ask the court to order DNA testing from a court-approved laboratory to determine paternity. The genetic testing results, typically available within a few weeks, are highly accurate—up to 99%—in determining whether the alleged parent is indeed the biological parent or not.

In Los Angeles County a Paternity Case can be started by the father, mother, or a man who believes he is the father of the child, or sometimes it's initiated by the state if the mother applies or if the child receives public benefits. This legal process allows the court to officially recognize the alleged father as the legal parent of the child. It helps establish legal and physical custody and visitation rights if requested. The process includes submitting specific documentation, known as pleadings and necessary forms, to the family court to obtain orders. It also involves formally delivering these documents to the other party (service) and following through the court process until a final decision is made (Order of Filiation/Paternity and Order for Custody, Support, and Parenting Time).

In a Paternity Case, there are two main ways to establish paternity. First, the man can agree to be legally recognized as the father. Alternatively, DNA test results can be used to determine paternity with high accuracy.
During this process, decisions about child support are made, ensuring financial support for the child's upbringing. The court also addresses custody and parenting time arrangements, focusing on what's best for the child.

If a mother needs child support, she can request it through the Office of Child Support. If there isn't a legal father established, the state may begin a Paternity Case. This legal action, initiated by the Prosecutor but filed in the mother's name, seeks a court order for paternity and child support to ensure the child's needs are met with love and care.

Child Custody Attorney in Los Angeles County, CA

At Progresso Legal Group, we meticulously study each case with dignity, professionalism, and care. Our experienced family law, paternity, and divorce Attorneys together with our legal team are here to guide you through the process and protect your rights as a parent and your children.

For expert legal support in paternity and family cases, trust Progresso Legal Group. We're committed to protecting your family’s well-being and ensuring your parental rights. Contact us today to learn how we can help you.

Your Family Matters, Let Us Help You Today!

At Progresso Legal Group, our mission is to serve families and protect their well-being, as we have done for over 25 years. We have helped countless fathers establish paternity and, in some cases, discover they are not the biological father, always protecting their rights in court. We know what it takes to win a paternity case, prioritizing children and fighting tirelessly on your behalf.

Our top priority is to protect the well-being of minor children while ensuring parents understand California's child custody laws. Legal processes can be painful and confusing, so it is essential for parents to be well-informed.

Three Important Aspects of Child Custody in California

Legal Custody: Legal custody refers to the right to make critical decisions about your child's life, including their education, religion, health, and overall welfare. This can be joint, where both parents share these decisions, or sole, where only one parent has the authority to decide.

Physical Custody: Physical custody determines with whom the child will live on a daily basis. Like legal custody, it can be joint or sole. Joint physical custody, often referred to as co-parenting, means the child spends time living with both parents. Sole physical custody means the child primarily lives with one parent, while the other may have visitation rights.

Best Interests of the Child: California courts prioritize the best interests of the child when making custody decisions. This includes considering factors such as the child's health, safety, and welfare, as well as each parent's ability to provide care.

Understanding these three key aspects can help you navigate the child custody process and make the best decisions for your child's future.

For expert guidance on child custody matters, trust Progresso Legal Group to protect your rights and your child's well-being. Contact us today to learn more.

How Domestic Violence Impacts Child Custody in California

Weather is a Paternity, Custody & Visitation or a Divorce case when it comes to Domestic violence it becomes a critical factor in child custody decisions in the state of California. Here’s a simplified breakdown of how it impacts and how to navigate these situations:

California Family Code 3044

Immediate Impact in Child Custody

Restraining Orders Child Custody: Victims can quickly seek restraining orders, often on the same or next day, without prior notice. This leads to a full hearing within weeks, directly influencing the custody case.

Legal and Physical Custody Domestic Violence: If a parent is found to have committed domestic violence within the past five years, the court presumes it is detrimental to award them joint or sole custody. This presumption can be challenged but is challenging to overcome.

Presumption Against Custody: The court presumes that granting custody to a parent found guilty of domestic violence is not in the child's best interest. Overcoming this presumption requires meeting specific criteria.

Overcoming the Presumption: To challenge this presumption, the parent must show that awarding them custody aligns with the child's best interest based on several factors:

Completion of a batterer's treatment program
Completion of substance abuse counseling if applicable
Completion of a parenting class if necessary
Compliance with probation or parole terms
Adherence to protective or restraining orders
No further incidents of domestic violence
No possession of firearms or ammunition in violation of Section 6389

Protecting Children from Conflict:

Children exposed to parental conflict suffer emotionally and mentally. Actions such as restricting visitation rights out of resentment, jealousy, or manipulation by a new partner can create immense confusion and long-term emotional harm.

we are dedicated to handling sensitive issues with care, understanding, and compassion. We believe that the best interest of your child is paramount. Our mission is to support parents in managing these challenging situations effectively, ensuring the best outcomes for their children.

For Victims: Seek immediate legal protection and guidance to safeguard yourself and your children. It is crucial to report incidents to avoid appearing negligent.

For the Accused: Work with an experienced attorney to challenge false allegations and protect your parental rights.

Serving one family at Time

At Progresso Legal Group, our commitment is to support you every step of the way, ensuring that both you and your children receive the care and justice you deserve. Located in the heart of Downtown Los Angeles, we have been serving Los Angeles County for over 25 years. Our focus is on helping families in three primary areas: Family Law, Criminal Law, and Immigration Law.

Our attorneys and legal team understand not only the laws but also the human aspects involved. We recognize the emotions, anxiety, uncertainty, and trauma that can come with legal issues. We are dedicated to helping families one at a time, treating each case as if it were our own. We understand the needs of parents and are always looking out for the wellbeing of your children.

Allow us to evaluate your case and establish a plan of action to obtain the best possible outcome for you and your children. Your family’s wellbeing is our top priority, and we are here to provide the support and guidance you need.