what questions to ask a lawyer about paternity

by Ms. Elizabeth Fay Jr. 5 min read

Customer: Questions about paternity and relinquishing rights JA: What does the birth certificate list under paternity? Customer: I didn't sign a birth certificate so I'm not sure. The father of the child is yet to be determined but I have been pointed out as a possible father JA: Has there been a paternity test or court case?

Ask a Family Law Attorney: Answers to Common Questions About Paternity
  • How can paternity be established? ...
  • Why is it important to establish paternity? ...
  • What exactly is a voluntary declaration of paternity? ...
  • Is it possible to reverse a voluntary declaration of paternity? ...
  • What are the options if paternity is contested?
Jun 7, 2018

Full Answer

How can I prepare for a custody dispute?

To better prepare for a custody dispute, parents may retain the services of family law lawyers to help advise them of the process entailed in a child custody case. What Is the Difference in Sole Custody and Joint Custody? The family court may order sole custody or joint custody.

How do I negotiate child custody with the other parent?

The attorney you hire can also negotiate on your behalf with the other parent. Even if you can decide on custody amicably, your attorney will help you with the paperwork and filing for the case.

Do I need a family lawyer for child custody?

Child custody laws can be complex and usually require the assistance of an experienced family law lawyer. It is important that parents know about the experience and background that a family law lawyer can lend to assist with the case. Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written.

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What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

Do parents have to go to mediation?

Some states require parents to attend mediation before a court will hear the case. Through mediation or private conversations, the parents may be able to reach a decision regarding such issues as child custody, visitation and child support. The judge may give greater deference to agreements reached by the parents.

Can a parent have sole custody of a child?

In some cases, one parent receives physical sole custody and both may receive legal custody. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation. The non-custodial parent may be responsible for financially contributing to the child’s upbringing through child support.

What does it mean to file for child custody pro se?

When you file for child custody pro se, it means you represent yourself while in court. Even if you have gone through the process before, you should seek the counsel of a qualified family law attorney. This is particularly important if your ex has legal representation.

What happens if you don't agree with a parenting time schedule?

If parents are unable to agree, the court intervenes and creates a schedule based on the child’s best interests. 6.

What is the difference between legal custody and physical custody?

Legal Custody? If you are given legal custody of your child, you make decisions on their behalf. If you have physical custody of your child, it means the child lives with you. Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge ...

When do you have to have a temporary custody order?

Some states require you to have a temporary child custody order during the time between your separation and your divorce of the couple. There are other situations; this is advisable.

Can a child custody case be bitter?

Any child custody case may become complicated and bitter if emotions begin to run high. An experienced and skilled attorney can help you understand your rights and help you prepare for the custody claim.

Is custody based on gender?

However, today, laws have been changed to be gender-neutral. What this means is that the law regarding custody doesn’t lean to one parent over the other based on their gender alone.

Can a parent have legal custody?

Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge of the custody options available, such as bird’s nest custody, shared custody, sole custody, etc. An attorney can help you figure out what choice is right for your situation. 2. What Factors Do the Courts Consider When Deciding on ...

How long can a father take paternity leave?

FMLA is a federal law that provides job protection. It allows fathers (and mothers) to take up to 12 weeks away from work for the birth or adoption of a new child. This is unpaid time with guarantee that your job will be available for you to resume after your time away. Paternity leave is time away a company can choose to offer. This post will focus on paternity leave.

Why do you have to stagger paternity leave?

Some families choose to stagger paternity leave after a mother’s maternity leave ends to maximize the amount of time at least one parent can stay home with the child.

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