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The basic aspects of paternity in an Oxnard Divorce case |
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Oxnard Divorce cases come under the California state laws for family and divorce. Paternity becomes an important issue in case the determination of biological fatherhood is subject to doubt during the proceedings of an Oxnard Divorce case.
There can be certain situations in a divorce proceeding where the paternity of a father comes under questioning. In such a case, establishment of paternity is done through the legal process where the court determines who is the biological father of a child, particularly where the parents are not legally married. Where as paternity is usually presumed in case of legally married couples, but not in the case of unmarried couples.
In the event of an Oxnard divorce, the confirmation of paternity and proving a parental relationship is crucial for a father to enjoy the legal rights of child custody and visitation, as well as to enforce responsibility related to the child's support.
Establishment of paternity is the pre-requisite in an Oxnard divorce process, before the court can pass any order relating to child custody, visitation rights and child support. This process can be fulfilled by signing a form regarding the declaration of paternity, or by filing a petition in a family court with the request to establish parental relationship between the child and the parent.
"Declaration of paternity" is basically a legal form that is signed by both the parents where it is declared that the man is in fact the legal father of the child. The declaration of paternity form is easily available at the hospital at the time of child's birth, or it can be acquired from the family court or the County records office at Oxnard.
If at a later stage, the father wishes to retract the declaration of paternity application as he believes that he is not the biological father of the child, it is possible to withdraw the declaration by submitting a "Rescission of Paternity" form with the California Dept. of Social Service within two months from the date the declaration of paternity was original filed.
In case of an Oxnard Divorce proceeding, establishing of paternity provides the father with legal parental rights and the right to seek the child's custody or visitation rights. Similarly, for the mother the benefits of this declaration are that it ensures the father shares the financial burden of child support expenses in every way. At the same time, it is a great benefit for the child also to be sure of the parenthood of both his parents, and to receive their active involvement at every state of his life ahead. |
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