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San Leandro, CA 94577

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Establishing paternity is a critical step for unmarried parents in San Leandro, Castro Valley, and Oakland. It’s about more than just biology; it’s about ensuring that your child has the legal and emotional support they need to thrive. As a family law attorney, I’ve seen firsthand how paternity can impact every aspect of a child’s life, from their relationship with their father to their financial security. At Bagner Law, I’m dedicated to helping clients navigate the complex world of paternity services with compassion, expertise, and a commitment to protecting their rights.

Common Questions About Paternity

If you’re facing a paternity issue, you likely have many questions. Here are some of the most common ones I hear from clients:

What is paternity, why does it matter, and how can I establish paternity?

Paternity refers to the legal recognition of a child’s biological father. Establishing paternity is important because it gives the child certain legal rights, such as the right to receive financial support from their father, inherit from them, and access their medical history. It also gives the father legal rights, such as the right to seek custody or visitation.

There are two main ways to establish paternity: voluntarily or through a court order. If both parents agree, they can sign a Voluntary Declaration of Paternity, which legally establishes the father’s parental rights and responsibilities. If there is a dispute or one parent is uncooperative, a court can order genetic testing to determine paternity and issue an order establishing the father’s legal status.

What if I'm not sure if I'm the father?

If you have doubts about your paternity, it’s important to address them as soon as possible. A genetic test can provide conclusive answers about whether you are the biological father of a child. I can help you understand your options for requesting a test and guide you through the process.

What rights do I have as a father once paternity is established?

Once paternity is established, you have the legal right to be involved in your child’s life. This includes the right to seek custody or visitation, make decisions about your child’s upbringing, and access their medical and school records. You also have the responsibility to provide financial support for your child.

What is the process of establishing paternity?

Establishing paternity may seem daunting, but with the right legal guidance, it doesn’t have to be. Here’s what you can expect when you work with me at Bagner Law:

  1. Consultation: We’ll start with a confidential consultation to discuss your situation and goals. I’ll listen to your story, answer your questions, and explain your legal options.
  2. Voluntary Acknowledgment: If you and the other parent agree on paternity, we can help you complete a Voluntary Declaration of Paternity. This simple form legally establishes the father’s parental rights and responsibilities without the need for a court order.
  3. Genetic Testing: If paternity is disputed or uncertain, we can arrange for genetic testing. This involves a simple cheek swab from the child and alleged father, which is then analyzed in a lab to determine if there is a biological match. The results are highly accurate and can provide the evidence needed to establish paternity in court.
  4. Court Proceedings: If the other parent is uncooperative or disputes paternity, we may need to go to court. I will represent you in any legal proceedings, present evidence to support your case, and advocate for your rights as a parent.
  5. Final Determination: Once paternity is established, either through a voluntary acknowledgment or court order, I will help you understand your rights and responsibilities as a legal parent. This may include working out a custody and visitation schedule, determining child support, or updating your child’s birth certificate.

Throughout the process, my goal is to provide you with the information, support, and guidance you need to make informed decisions and protect your rights as a parent.

Fathers' Rights: What do I need to know as a father?

Establishing paternity is just the first step in asserting your rights as a father. Once you are legally recognized as your child’s parent, you have the right to be involved in their life and make decisions about their upbringing. This includes the right to:

  1. Seek custody or visitation: You can ask the court to grant you physical custody of your child or establish a visitation schedule that allows you to spend time with them regularly.
  2. Make important decisions: As a legal parent, you have the right to make decisions about your child’s education, healthcare, religious upbringing, and other important matters.
  3. Access information: You have the right to access your child’s medical records, school records, and other important documents.
  4. Provide financial support: You also have the responsibility to provide financial support for your child. This may involve paying child support to the other parent or providing for your child’s needs directly.

What if there's a paternity dispute?

While many paternity cases are straightforward, others can be more complex. Disputes can arise over issues such as:

  1. Challenging paternity: If you believe you are not the biological father of a child, you may need to challenge paternity in court. This involves presenting evidence to show that you are not the father and requesting that the court terminate your parental rights and responsibilities.
  2. Enforcing fathers’ rights: If the other parent is denying you access to your child or refusing to involve you in important decisions, you may need to go to court to enforce your rights as a father. I can help you file a motion with the court and present evidence to support your case.
  3. Modifying custody or support: If your circumstances change after paternity is established, you may need to modify your custody or support arrangement. For example, if you lose your job or the other parent moves away, you may need to adjust your visitation schedule or support payments.
  4. Addressing domestic violence: If there are allegations of domestic violence or abuse, it can complicate paternity and custody issues. I can help you understand your options for protecting yourself and your child and advocate for your rights in court.

No matter what challenges you face, I am here to provide the legal guidance and support you need to navigate paternity disputes and protect your rights as a father.

Child Support: What are my obligations?

One of the most important aspects of paternity is child support. Once you are legally recognized as a child’s father, you have a legal obligation to provide financial support for their needs. This may involve:

  1. Paying a monthly support amount: The court will calculate a monthly child support amount based on factors such as your income, the other parent’s income, and the amount of time each parent spends with the child.
  2. Providing health insurance: You may be required to provide health insurance for your child or pay a portion of their medical expenses.
  3. Covering other expenses: In some cases, you may also be responsible for paying for other expenses, such as childcare, education costs, or extracurricular activities.

It’s important to take your child support obligations seriously. Failing to pay support can result in legal consequences, such as wage garnishment, property liens, or even jail time. If you are struggling to make your payments, I can help you explore options such as modifying your support order or setting up a payment plan.

Your Partner in Paternity Matters

If you are facing a paternity issue in San Leandro, Union City, Fremont, or Oakland, don’t try to navigate the legal system on your own. Having an experienced family law attorney by your side can make all the difference in achieving a positive outcome for you and your child. At Bagner Law, I understand that paternity issues can be complex and emotional. Whether you are trying to establish paternity, assert your rights as a father, or navigate a dispute with the other parent, I am here to provide the compassionate, knowledgeable guidance you need. With years of experience helping clients in the East Bay with paternity matters, I have the skills and resources to help you achieve your goals and protect your relationship with your child.