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Paternity and Child Custody in Divorce Cases

By The Law Offices of Ronald K. Stitch|November 17, 2021

Filing for divorce can be daunting. As marital issues rise and further complicate your desire to depart from a marriage, your financial and emotional well-being is drained. Being fully knowledgeable about some caveats in child custody cases, including paternity tests, is essential. Reach out to a Westlake Village divorce attorney at the Law Offices of Ronald K. Stitch today to learn more about your options while filing for divorce.

Why Prove Paternity

There are many reasons why a mother and father may want to prove paternity during a divorce. Complicated matters arise when childcare, support, and visitation topics are debated. For these reasons, certain cases might require a paternity test to inform the divorce better.

  • Avoiding child support is a common reason that many people choose to request paternity tests. In many cases, men will claim that they are not the actual father to the child in question to avoid paying the mother-child support. On the other hand, the man may want to prove he is not the actual father so he is not forced to pay child support by the courts.
  • Emotional health is another reason to find out who the child’s actual father is. The family may be unsure and want closure, needing to prove that the man in question is the child’s father. In any case, many adults want to prove or disprove their paternity for their peace of mind.
  • Paternal rights may grant the father visitation, partial custody, or more if the mother attempts to claim that the father is not the biological father of the child. This is common in cases in which the mother wants full custody of the child and desires to cut the father out of the picture altogether. This situation is a particularly common reason for fathers to request paternity tests.

Custody in California

Custody is a complex topic to discuss within a divorcing family. The conversation usually revolves around two possible outcomes regarding the child’s fate: sole and joint custody. In most cases, family courts award joint custody as it is widely believed that children benefit from having both parents present.

The minority of cases result in sole custody. Sole custody, also known as full child custody, is a much less common arrangement with divorcing families. The two main types of sole custody are physical and legal custody. Sole physical custody means that a child lives with one parent and only that parent. Sole legal custody is when only one parent has the legal right to decide for a child. Usually, sole custody is requested when one parent believes the other is unfit to care for a child.

Your Go-To Westlake Divorce Attorney

The questions of divorce, custody, and paternity are difficult ones. While many people struggle financially and emotionally during this process, the Law Offices of Ronald K. Stitch are here to help. By contacting a Westlake Village divorce attorney, you will ensure that your divorce and question of child custody are handled quickly. Contact us today at (818) 707-0202 or by clicking here for a free consultation.

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