If parents who are not married have a child together, the biological father must come forward as soon as he learns of the pregnancy to establish his parentage. Parentage can be established by signing a Declaration of Paternity after the birth, marrying the mother, filing a Petition to Establish Parentage, or holding the child out as his own. Parentage is important if the father attempts to block any adoptions by the minor child. If the father does not come forward immediately, because he does not know of the pregnancy, he may qualify as a Kelsey S. father if the mother or other third-party prevented him from knowing of the pregnancy or the birth.
In a paternity case, Family Code section 7640 allows a judge to order the attorney fees of one party to be paid by the other party. The court must look at the payee’s attorney bills, declaration by counsel as to the amount of time spent, and the nature of the work done. The court may award the payment of attorney fees if there is disparity in income, access to funds, and the ability to pay. The court can examine not only income of the parties, but also their assets and savings as well.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
Please note that this legal advice does not establish a family law attorney-client relationship.