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Understanding the 4 Types of Fathers in Juvenile Dependency Cases in Orange County

February 9, 2023

Understanding the 4 Types of Fathers in Juvenile Dependency Cases in Orange County

Understanding the 4 Types of Fathers in Juvenile Dependency Cases in Orange County

In Juvenile Dependency cases in Orange County, four types of fathers can be involved in a case. 

These types of fathers play different roles in the child’s life and have different rights under the law. 

Therefore, fathers need to understand their rights and the kind of father they are to ensure they are involved in the child’s life as much as possible.

This article will discuss the four types of fathers in Juvenile Dependency cases in Orange County and their rights.

Alleged Father

An alleged father is a man who is named as the father of a child but has not yet been legally established as the father. 

Rights of an Alleged Father

Alleged fathers can notice dependency proceedings, appear before the court, and assert their interest in the child. 

An alleged father is not a full party to the case and has no right to custody or reunification services unless and until his parentage is established. 

An alleged father has no legal rights or responsibilities towards the child until paternity is established. An alleged father has the right to contest paternity and can request genetic testing to establish if he is the child’s biological father. Once paternity is established, the alleged father becomes either a biological or a presumed father.

Example

In a Juvenile Dependency case, a man named John is named as the father of a child. John has not yet been legally established as the father and is considered an alleged father. John can request genetic testing to establish paternity and become either a biological or a presumed father.

Biological Father

A biological father is a man who has a biological relationship with the child and is the child’s genetic father. A biological father has the right to seek custody or visitation of the child and to be involved in the child’s life.

Rights of a Biological Father

A biological father has the right to seek custody or visitation of the child and to be involved in the child’s life. He also has the right to receive notice of any court proceedings regarding the child, including adoption proceedings.

Example

In a Juvenile Dependency case, a man named Jack is the biological father of a child. Jack has the right to seek custody or visitation of the child and to be involved in the child’s life. He also has the right to receive notice of any court proceedings regarding the child, including adoption proceedings.

Presumed Father

A presumed father is a man who is not the child’s biological father but has a legal relationship with the child because he was married to the child’s mother at the time of the child’s birth or conception. A presumed father has the same rights and responsibilities as a biological father.

Rights of a Presumed Father

A presumed father has the right to seek custody or visitation of the child and to be involved in the child’s life. He also has the right to receive notice of any court proceedings regarding the child, including adoption proceedings.

Example

In a Juvenile Dependency case, a man named Bob was married to the child’s mother at the time of the child’s birth. Bob is not the child’s biological father but is considered a presumed father. Bob has the same rights and responsibilities as a biological father and has the right to seek custody or visitation of the child and to be involved in the child’s life.

De Facto Father

A de facto father is a man who has a significant relationship with the child and has been involved in the child’s life but is not legally recognized as the child’s father. Out of all the types of fathers, this may be the trickiest. 

This term is often used when a man has assumed the role of the child’s father but has not legally adopted the child or is not listed on the child’s birth certificate.

A de facto father may have a biological relationship with the child or may have formed a parental bond through other means, such as step-parenting or fostering. 

Sometimes, a de facto father may seek to establish legal paternity through the courts. The legal recognition of a de facto father can have important implications for the child’s rights, such as the right to inheritance, custody, and support.

In Orange County, California, the rights of a de facto father depend on the specific circumstances of the case and whether the father has taken any legal steps to establish paternity.

If the de facto father has not legally established paternity, he may have limited rights, such as the right to seek visitation or custody through the court. However, the court will consider the child’s best interests when deciding custody and visitation.

The court will consider the de facto father’s relationship with the child and the child’s best interests when making decisions about custody and visitation.

It’s important to note that the laws surrounding de facto fatherhood can be complex and may vary depending on the case’s specific circumstances. Consulting with a juvenile dependency attorney may help you understand your rights and options if you are a de facto father in Orange County, California.

WHAT SHOULD YOU IF YOU ARE DEALING WITH JUVENILE DEPENDENCY CASES IN ORANGE COUNTY?

If you have been accused of abuse or neglect, or facing juvenile dependency cases in Orange County, it is crucial to get an attorney as soon as possible.

You deserve to have a lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in Orange County, California, or Southern California, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.

Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone. 

We know how the juvenile court process in California works. We have handled hundreds of juvenile dependency cases in Orange County, Los Angeles County, San Diego County, San Bernardino County, and Riverside County.

We have an office located near you, and we’re ready to start working on your case.

Call us now to speak to a lawyer and for your free consultation. Call (866) 811-4255.

Dealing with a CPS case can be scary. You don’t have to face a CPS case alone. We will help you evaluate the types of fathers.

Our Orange County Juvenile Dependency Location

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