Paternity and Who is the Presumed Parent Under Family Code Section 7611
At the Law office of David P Schwarz we have brought many paternity lawsuits in front of the Orange County family law courts to contest or confirm the paternity of the parents to a child. Please call our office for a consultation at 949 735 9266 or via the web. In addition, we can be reached via email at email@example.com.
A person is presumed to be the natural parent of a child if the person is married to the mother of the child and the child was born during the marriage. In addition there are several are presumptions where fathers and mother are presumed to be the parents.
A paternity lawyer will bring before the judge the issue that the presumed parent and the child's natural mother are or have been married and the child was born 300 days after a divorce or legal separation.
In addition, before the child's birth, there is a presumption the parties are the parents of the child if the parties have attempted to legally marry according to the local laws of the state, even if the attempted marriage is invalid.
This can occur If the attempted marriage could be declared invalid by a court. A paternity attorney will demonstrate to the court that the child was born during the attempted marriage, and within 300 days after a divorce or legal separation
In addition there is a presumption the child is the parties child If the attempted marriage is invalid without a court order and the child was born within 300 days after the parties were living separate and apart.
At the Law office of David P Schwarz we will show the Orange County family law court that After the child's birth, there is a presumption that the child is the child of the parents. This occurs if the parties had married or the marriage was presumed to be invalid.
In addition, it must be shown that the presumed parent is named as the child's parent on the child's birth certificate.
Also it must be demonstrated to the family law Court that the presumed parent is obligated to support the child under a written voluntary promise or by court order.
And also it must be revealed to the Court there is a presumption of parentage if the parent receives the child into his or her home and openly holds out the child as his or her natural child.
Finally, a paternity lawyer will argue that there is a presumption of parentage If the child was born and resides in a nation with which the United States engages in an Orderly Departure Program or successor program.
When it comes to determining the presumption of parentage with a dead parent the family law court will defer to the probate court and comply with fairly strict guidelines. Under probate code section 249.5, the dead parent must have consented to have their DNA test done if the child was born after their death. And the child must have been born two years after the death of that parent.
At the Law office of David P Schwarz we have successfully fought for and against the parental presumptions that are commonly filed in Orange County family law Court. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be reached via email at firstname.lastname@example.org.