There are two different kinds of issues that people may need help with in regard to paternity and the law, which are:
- Securing paternal rights including parental access to their own children
- Countering paternity fraud situations
In both cases, seeking the help of a qualified and experienced attorney is a vital first step. Oceanside paternity lawyers Fischer & Van Thiel have an outstanding record in both areas and are a highly recommended choice.
All fathers who have done no wrong should have access to their children, and should also be eligible to apply for joint custody. Unfortunately, the law has been created in a way that makes it very easy for women to falsely accuse male partners of wrong-doing, such as domestic violence, and the consequences can be very serious.
There are also situations where women remarry, or where they’ve had affairs while married and become pregnant. For the extra-marital partner, what legal recourse do they have for access to their biological children? Or on the other side of it, will the marital partner be required to financially support the biological child of another man, where the child is conceived due to an adulterous affair, and where the couple has divorced? You’d probably be really surprised by the answers to both questions, and in either case you’ll need the services of a very good lawyer to help you.
Paternity fraud is a serious and growing concern in the United States. Californian law, as it stands today, makes paternity fraud more easy to perpetrate and potentially more lucrative, and that’s a problem that has created financial hardship for many thousands of men in our state over the last few decades.
While it’s true that there is a large number of men who try to shirk their parental and financial obligation to their bona fide offspring, and these strict laws were designed to make that more difficult and costly, it’s equally true that far too many innocent men are victims of these laws.
A typical paternity scam works like this: an unmarried female has a child, and rather than citing the child’s true biological father on the birth certificate, she cites the name of a substantially more wealthy individual. If the resident of the household is away for some extended period of time, he will not have the opportunity to respond to the notification he will receive concerning his alleged paternity.
If he doesn’t respond within the mandated time frame of 30 days, a default judgment will be awarded against him, and he’ll be required to pay child support until that child is 18 years old, even if he has never met the person alleging him to be the father of her child. How easy is it for a stranger to discover that you’re away in Ireland for a month? Way too easy, thanks to resources like Facebook and other social media.
If you think this is an isolated and rare occurrence, it is frighteningly more common than you would expect. In fact a 2003 study found that, at that time, approximately 71% of child support payments were secured as the result of a default judgment. It can be anticipated that many of those cases involved falsely attributed paternity.