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Paternity disputes are among the most sensitive cases heard in family court. They often involve high stakes, deep emotions, and complex legal hurdles. Whether you are a man unjustly accused of fathering a child you do not believe is yours, or a mother trying to prove the identity of your child's father to secure necessary support, the road ahead can be difficult. In these scenarios, having a knowledgeable paternity lawyer in Orange County is essential to ensure that the truth prevails and that justice is served.
When Paternity is Contested
While many paternity cases are straightforward, "contested paternity" occurs when one party disagrees with the claim of parentage. This can happen in several ways:
A man denies he is the biological father to avoid paying child support.
A mother denies a man is the father to prevent him from obtaining custody or visitation rights.
A man discovers new evidence suggesting a child he has been raising is not biologically his.
Multiple potential fathers are involved.
In Orange County, the courts take these disputes very seriously. The presumption is always in favor of ensuring the child has two legal parents to support them, but the court also strives for accuracy. This is where Jos Family Law steps in. We represent clients on both sides of the aisle, helping mothers prove parentage and helping men contest false claims.
The Role of DNA and Court Orders
If the parties cannot agree, the court will order genetic testing. This is not a simple drugstore kit; it must be a court-approved legal DNA test where the chain of custody is strictly maintained to prevent tampering.
As your paternity lawyer in Orange County, Jos Family Law manages this process for you. We ensure that the testing is conducted fairly and that the results are admissible in court. However, the DNA result is often just the beginning.
If the test is positive: The court will move immediately to the "Judgment of Parentage." This legally binds the man to the child. The next phase involves litigating child support, child custody, and visitation schedules. A positive test doesn't automatically mean a 50/50 custody split; the court looks at the relationship between the father and child. If you are a father establishing rights for the first time, you need a lawyer to help you craft a "step-up" plan that gradually increases your parenting time.
If the test is negative: If you were previously paying child support, you might need to file for a modification immediately to stop future payments. In some complex cases involving "presumed fathers" (men who have acted as the father for years), the court might still order support to maintain the child's stability. These are legally dense areas where case law dictates the outcome, making professional legal counsel indispensable.
Modification of Child Support and Custody
Paternity is the linchpin for child support and custody orders. Once paternity is established, the financial obligations are retroactive. This means a father could potentially owe back-pay for support. Conversely, if paternity is disproved, it changes the entire legal landscape.
At Jos Family Law, we frequently handle post-judgment modifications. Life changes—jobs are lost, incomes fluctuate, and sometimes, the fundamental facts of parentage are challenged. If you need to modify an existing order because of a change in paternity status, you must act quickly. The court generally only changes orders moving forward from the date you file your petition, not backward. Delaying legal action can cost you thousands of dollars.
Compassionate and Aggressive Representation
At Jos Family Law, we believe that every child deserves the support of both parents, and every parent deserves a fair chance to be part of their child's life. However, we also know that the legal system can be intimidating. Forms like the FL-200 are confusing, and court hearings can be stressful.
Attorney Binoye Jos and the team at Jos Family Law provide a balanced approach. We act as mediators when possible, helping parents reach amicable agreements that spare them the trauma of a trial. But when negotiations fail, we are fierce litigators. We understand the specific nuances of Orange County courts and use that knowledge to fight for your rights.
Don't navigate this life-changing process alone. Whether you are seeking to establish fatherhood or contest a claim, trust a proven paternity lawyer in Orange County. Contact Jos Family Law at (714) 733-7066 to schedule your consultation and take the first step toward clarity and resolution.