Fathers tend to get a bad reputation in our culture. They are often the butt of the joke, and sitcoms portray them as the dumb ones in the home. Furthermore, fathers are often accused of abandoning their kids. That’s why it’s so frustrating when good fathers want to step up and wind up getting shot down.
Good men who want to be involved can find themselves in a paternity dispute with mothers who challenge these claims.
Understanding Paternity Claims in California
A paternity claim, as defined by California law, is a legal assertion. In it, a man claims that he is the biological father of a child.
The importance of paternity claims cannot be overstated. Establishing paternity has significant implications for both the father and the child.
- Paternity rights can affect:
- Inheritance
- Child support
- Access to benefits
- Child custody rights
- Access to family medical history
- The emotional bond between father and child
Under California law, a man with paternity has the right to seek custody or visitation, the responsibility to provide financial support, and the opportunity to make decisions about the child's welfare.
Establishing paternity in California typically involves signing a voluntary declaration of paternity or obtaining a court order. However, this process is complicated when a mother tries to block a paternity claim.
The Mother's Role in Paternity Claims
In California, a mother has the right to challenge a paternity claim. Mothers can deny paternity claims for a variety of reasons. Perhaps the mom believes that another man is the child's biological father, or she wants to prevent the father from custody or visitation rights.
A mother's challenge can significantly impact the paternity claim process, potentially leading to court hearings and DNA testing.
Verifying Paternity
The court's primary concern is always the best interest of the child. Therefore, when a paternity claim is challenged, the court conducts a thorough investigation. It can order DNA testing, examine evidence, and hear testimonies.
Navigating a Challenged Paternity Claim
A man has the right to present evidence supporting his claim and to participate in court hearings. If the mother tries to block his claim, the father should take immediate steps to protect his rights. Doing so includes seeking legal advice, gathering proof, and preparing for a courtroom appearance. Fathers can request DNA testing to help verify their claims.
Seeking Legal Help for Challenged Paternity Claims
A qualified family law attorney can guide you through the legal process, help you understand your rights and responsibilities, and represent your interests in court. Having professional legal representation can significantly impact the outcome of your case. They can help you prepare a strong case with evidence and well-crafted legal arguments.
Consequences for a Mother Blocking Paternity Claims
To repeat, mothers have every right to challenge paternity claims, regardless of their motivations. They can go through the legal process without fear of penalty. If their challenge is incorrect, and the man is proven to be the father, the mother can walk away from the situation cleanly.
However, a mother can face legal consequences for attempting to interfere with the legal process. She could be found in contempt of court, facing penalties such as fines or even jail time.
All parents should understand that establishing paternity benefits the child. It allows the father to provide financial and emotional support.
For mothers reluctant to allow paternity, keep this in mind: If the man cares enough to establish paternity, his intentions are probably good. Keep your child’s best interests first, and you may find that allowing a smooth paternity claim benefits everyone involved.
Burch Shepard Family Law Group is here to stand by fathers and help them through paternity claims. If you need help, reach out to us for a consultation. You can contact us online or call us at (949) 565-4158.
