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In 2013, When is a Male Presumed to be the Natural Father of a Child in a Paternity Action in San Diego Superior Court?

A Paternity Action In San Diego Versus A Divorce Or Legal Separation In San Diego

A paternity case is where the parents were not married at time of birth or conception. It is possible to have a divorce or legal separation case where there is also a paternity action. For example, a child could be conceived and born in 2008 and then the parties marry 5 years later in 2013 and then either divorce or have a legal separation. Since the parties were not married at time of birth or conception, a paternity case will be required so that the father has legal rights to the child. A judgment of paternity will need to be entered in San Diego Superior Court.

Paternity cases have issues of child custody, child visitation, child support and attorney fees. Divorce and legal separation cases have issues of the exact same however add spousal support and division of assets and debts.

What Conditions Are Required For A Male To Be A Presumed Father?

In San Diego Court, there are several conditions which are required. Some males are seeking presumed father status while some males are trying to avoid presumed father status.

(1) The man and the child’s natural mother have or are been married and the child is born during the marriage. If not born during their marriage, then other conditions are required which include that the child is born with 300 days after the termination of the marriage whether by divorce, judgment of legal separation, annulment, death of a declaration of invalidity.

(2) If, before the birth of the child, the male and the natural mother of the child made an attempt to marry each other by a marriage which was solemnized and in compliance with California law for valid marriages and, for whatever reason, the marriage is declared invalid and either of the two following sections is correct:

(A) if the attempted marriage could be declared invalid only by a Court, that the child is born within 300 days after the cohabitation is terminated
(B) if the attempted marriage is invalid without a Court order, then the same conditions as above in (A)

(3) If, after the child’s birth, the man and the natural child of the mother have attempted to marry, or married, each other by a marriage which is solemnized in apparent compliance with the law, although the marriage which was attempted may be or is declared invalid and either of the two following conditions is correct:

(A) The male is named, with his consent, on the birth certificate of the child
(B) The man is obligated to support the child with a court order or voluntary written promise

(4) The male openly holds out the child as his natural child and takes the child into his home.

There are other conditions which may apply, such as a child which is in utero after the death of the male which is normally governed under the terms of the Probate Code which need to be met.

A San Diego Law Firm Representing Parents In Paternity Cases

Whether you are male or female, the law firm of Doppelt and Forney, APLC has represented clients in paternity cases. This firm is familiar with paternity law and can guide you through this complicated area. Feel free to schedule a complimentary and confidential consultation in their San Diego Law Office. There are full time attorneys and staff to assist you.

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