Paternity

When married people have a child, the law presumes them to be the parents of the child.
When parents are not married when a child is born, they can sign a Voluntary Declaration of Paternity.  This can be done prior to or after leaving the hospital.  By doing so they state they are the parents.

When there is a dispute regarding parentage, the court can order genetic testing according to California paternity law.  This law authorizes blood tests by the mother, child and alleged father.  Should a party fail to submit to this testing, the court has the power to resolve the parenting issue against the party failing to submit.

Usually a child's parentage must be established prior to any child support, custody and/or visitation orders.

Support

Child support is the ongoing monetary expenditures and payments necessary to cover a child’s living and medical expenses and is the responsibility of both parents.

The court may order one or both parents to make ongoing payments to cover a child’s living and medical expenses.  Child support is established by court order.
If your divorce proceedings are in the initial stages, we can petition the court for temporary orders to assist in this difficult time until your matter has been fully heard and a decision has been made.
During this time, prior to the final orders, the child support is estimated and can be retroactively changed if the judge is so compelled.

Either party can request that the child support be modified after the initial order of the court.  However, rarely, if ever, is the order made retroactively.

To determine the specifics of your child support concerns, please contact Brad Hage at (951) 340-2842.

Visitation

Parents that separate need to have a child visitation plan detailing how they will share and divide their custody, visitation, and parenting responsibilities.  This may be referred to as a time-share plan, a parenting plan or an agreement ("stipulation") regarding child custody and visitation.  A plan that is agreed upon by both parents must be in writing signed by both parents and the judge.

If the parents cannot agree on the division of responsibilities, child custody, or visitiation, the judge will usually refer you to a mediator and then makes a decision based on the recommendations of the mediator.

During divorce proceedings emotions are charged and tempers flare.  It is extremely important during these times to have an advocate who understands the law and the system on your side.

It is much easier to have proper and correct custody and visitiation orders created during the original divorce proceedings than to demonstrate why a change in the visitiation or custody orders should be made in the future.