Agreed On or Presumed Paternity
In a divorce involving children, it is important to establish paternity in order to raise a child with the help of child support payments. In most cases, there is an acknowledged father that is either the biological parent or agreed upon father. An equitable parent is one that is not a biological or adoptive parent that may still be granted custody or visitation. When this occurs, that equitable parent is also required to pay child support. There are also alleged fathers, or unwed fathers that are believed to be the biological father. Sometimes, child support is sought from an alleged father after verifying biological paternity. In addition, stepfathers are not legally required to pay child support unless he legally adopts the child.
Presumed Paternity Cases
Sometimes the father is neither acknowledged nor legally attached to the child. Presumed fathers are individuals that include:
- Men married to the mother when child was conceived or born
- Men that attempted to marry the mother before child was conceived or born
- Men that agreed to have his name on the birth certificate or to support the child
- Men that welcomed the child into his home and claimed him/her as his own
A presumed father is required to pay child support unless paternity can be disproved by the man or the court. In some cases, the biological paternity to the child is not enough to disprove paternity.
Contact a Paternity Lawyer in San Jose
If you are seeking child support from the paternal father of your child and he is denying his paternity status, the Law Office of Daniel Jensen, P.C. may be able to help you obtain the child support you and your child both deserve. Please call (408) 296-4100 to speak with one of our experienced attorneys in San Jose.