Trevino Law, Inc.

A Family Law Firm Located in South Orange County

For a family law lawyer call:  949.716.2102

Contact a Family Law Lawyer
If you have a crises in your life, chances are, you need a divorce attorney . Whether it is child support , child custody , property division , or spousal support , Trevino Law can help you through. Trevino Law is dedicated to helping individuals through the legal process. If you are facing a family law issue, it is important to contact an attorney even before the petition is filed. 

Parentage
(Also Known as Paternity)

Statutes Also Provide for Attorney Fees and Visitation

A court may order visitation pending paternity cases if it finds that it is in the best interest of the child, and there are authorized tests that a parent-child relationship exists.

Parties to paternity actions can request attorney fees. Attorney fees are likely to be awarded if there is a disparity of income between the parties and whether one person can pay for both parties' legal representation.

Before a court orders or modifies custody where one parent  does not appear, the court shall request the birth certificate of the child National Crime Information Center Missing Person System to ascertain ifn the child has been reported missing.


Unform Parentage Act (Family Code 7600 et seq.)

Statutes Define a Parent-Child Relationship

According to Family Code section 7601(a) , a natural parent is defined as a non-adoptive parent. Although biology is a factor in determining parentage, it is not determinative.

Section (b) defines what it means to legally have a parent-child relationship. It is defined as a legal relationship between a child and an adult by which the law imposes rights, privileges, duties, and obligations.

Baesd on section (c), a minor child may have more than two parents; all statutes previously written should be interpreted as if the law contemplated more than two parents. 

The fact that the parents are married is legally irrelevant to a parent-child relationship.

Statutes Define How Parentage is Established

A child born during a marriage is conclusively presumed to be the husband's as long as he is not impotent or sterile. 

If a mother, father, child, or presumed father suspects that another person is the father, that person should file a motion for a blood tests. Motions for blood tests must be filed within two years of the child's birth and only a father, mother, child, or presumed parent may file for a blood test under this section.

Blood tests, however, cannot be used to challenge paternity in a case that reached final judgment before September of 1980 or in an assisted reproduction case.