Need Legal Help For Child Support?
If you fall into the category of an unwed father, you need to know several things as you assume your parental role. Today, unlike several decades ago, co-parenting has become common practice not only in the US but also around the world.
As an unmarried father, you have to understand your legal rights with your child, and our child support attorneys explain some key points in your role.
Paternity Establishment
In United States family law, a baby raised by a married couple is legally presumed to be the child of the husband in the family. However, if a baby is born outside of marriage, paternity is separated from legal presumptions. The failure to establish paternity leaves an unwed father without legal standing on the child's welfare.
Without a doubt, the easiest way of establishing paternity is to ensure the child's birth certificate contains the father's name. The least complicated way to achieve this goal is to accompany the mother to the hospital during the child's birth and assist her in completing the kid's birth certificate forms. However, if that is impossible, an unmarried father can fill out a Voluntary Declaration Parentage form.
If financial support lawyers for mothers express their clients' discomfort with the father's paternity and decide to contest legally, the father can contact a law firm to offer legal advice on the next step. The first step to winning the case would be to petition the court to facilitate the paternity establishment. The unmarried father will be asked by the court to take a paternity test (which may mean ordering the mother to cooperate) to prove his parental status.
If the father lives in a state with a paternity registry (like Toronto), he should immediately seek registration after learning of the mother's pregnancy. As an unwed father, you can seek the help of urgent support payment attorneys to guide you through father registration. At least 24 states have paternity registries to help putative fathers document their intention to establish paternity.
Obtaining Custody Rights
After establishing paternity, an unwed father needs to understand custody status. An unmarried man recognized by the law as a father should enjoy equal custody rights as a married man.
If an unwed couple stays in the same home to raise their child, the topic of custody is not a severe concern. In contrast, if the couple separates, the father will have to file a court petition to gain custody rights.
Laws that determine child custody vary across states, but courts tend to award custody based on the child's best interest. In most cases, courts rule in the mother's favor unless she is declared unfit to provide adequate care. Hence, unmarried fathers need legal help for child support.
The father needs to prove to the court that being separated from his child is causing him psychological harm. Hence, it is vital to seek a family law attorney in Ontario to facilitate the petition process. With the right legal help, it is possible to gain custody rights.
Paying Child Support
Fathers have significant financial responsibilities regardless of the status of their children's custody. In cases where an unwed father and mother are upbringing a child together in the same home, informal child support happens. In contrast, if the parents separate, financial support becomes a legal obligation that must be fulfilled formally.
The easiest way to avoid paying child support is to file a petition to have the father's paternity rights removed. The idea is to terminate the father's relationship with his kid and take away all parental responsibilities.
Determining child support follows several factors, including the availability of monetary support, parents' individual levels of income, and children's needs. For these reasons, each case is unique, and the amount of child support money paid is determined individually based on the underlying factors.
Once a magistrate sets child support, it develops into a primary financial obligation enforceable by various government agencies. Indeed, the failure to pay child support can lead to jail time. Whether or not the child's mother cooperates on important aspects of the court's decision, such as visitation, the financial element of child support remains.
Why You Need Legal Help for Child Support
There are several reasons why you need a paternity lawyer before reaching an alimony settlement. The City of Ontario has established ways to resolve a child support conflict without necessarily filing a court petition by appealing to the Ontario County Child Support Services. However, as an unmarried father, you will require experienced Ontario Child support lawyers to navigate all the legal technicalities involved.
Securing Visitation Rights
If you involve a paternity attorney, you'll readily secure visitation privileges rather than only managing to establish paternity. Your son or daughter will benefit substantially from your regular visitation. For instance, the child will legally enter your health benefits and become more satisfied in life for eventually knowing their biological father.
Challenging Paternity
Sometimes, you may want to challenge the paternity of your child in court. In such cases, you are required to provide various requirements, including filling paternity forms, affidavits, and lawful advice. Therefore, you'll have to find a qualified paternity attorney.
Why You Should Hire an Attorney
As explained earlier, different states have different legal custody requirements. This aspect shows why you need to ensure the attorney you choose is conversant with Toronto law and Ontario County legal requirements. Selecting an attorney who is not well-versed with the laws may put you at a significant disadvantage.
Co-parenting is one of the most challenging issues faced by parents who seek to raise their children separately. As an unwed father, you want to be present for your child and provide support whenever needed.
To hire a lawyer for affordable child care assistance, contact our legal experts. Our law firm handles family law issues such as:
- Divorce
- Property Division
- Spousal Support
- Child Custody & Visitation
- Restraining Orders
We will make sure that your spouse is not negligent of their alimony and child support payments.