Capabilities / Family Law

Paternity

Clients seek our help determining who the legal parent might be, because this helps determine who is liable for child support as well as who qualifies to ask for custody of a child.

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If a child is born to unmarried parents, the father may not have legal parental rights or responsibilities. In order to gain custody and visitation legally, he must establish his paternity, either by confirming his paternity in writing or by taking legal action. On the other hand, a presumed father may dispute paternity and should have experienced legal representation.

Establishing parentage is changing. Sometimes DNA results are not enough, and the legal aspects of the case must be considered, such as:

  • Who is the legal father of child?
  • Is a same-sex partner a legal parent?
  • Is the biological parent always a legal parent?

Moreover, determination of parentage is a grey area. This area of law used to be called paternity, but as more couples are using assisted reproductive technology and other non-traditional means of building a family, the term that more appropriately reflects the legal determinations is parentage.

Our Value

Obermayer’s Family Law practice counsels clients through the legal proceedings associated with establishing parentage. The emotional and legal aspects often seem intertwined and are both addressed by the attorney, though the attorney will remind the client to focus on the legal aspects.

Our Clients

Our attorneys represent fathers on either side of parentage determinations, whether guiding them through DNA testing, defending support actions, or getting custody of their children. Client concerns depend on which side of the case the client is on.

If the parent is attempting to establish a legal parental right, then they are typically worried that they might lose access to a child they consider to be their child. Obermayer’s paternity law attorneys help the client through the legal system as quickly as possible, until there is a final determination and resolution.

If the client is looking to exclude themselves from being a parent, the client is likely anxious about the outcome, as they may wish to avoid liability for child support. It is important to consult an attorney to determine who the legal parent is before a precedent is set.

Our Focus

The court has interjected a best interest standard into some parentage determination cases. Obermayer attorneys make sure to look at all the aspects of the case and potential applications of paternity and parentage law.

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