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Who Has Parental Rights After An Annulment?

Blogs from April, 2022

couple signing papers

There are multiple ways to end a marriage; couples can choose from a separation, a divorce, or an annulment. If a couple pursues an annulment, their marriage will be wiped from the record and it will be as if that marriage never existed. But when a couple has children and pursues an annulment, they may need to seek paternity to retain their parental rights. Our Pasadena parental rights attorney at Law Offices of Christopher L. Hoglin, P.C. shares how paternity is treated following an annulment.

What Happens To Parental Rights?

After an annulment is finalized, it will be as if the parents never married. The mother retains the paternity of the children following the annulment, but the father of the children must seek paternity.

When children are born to married parents, paternity is assumed for the father as he is married to the mother of the children. However, when a marriage is annulled but the couple produced children, the assumption of parentage for the father is lost. The father of the children will need to seek paternity of his children, just as if both parents were unmarried at the time of the children’s births.

How to Seek Paternity

At the time of the annulment, the father can ask the court to establish paternity. The court can then establish this legal link between the father and children before establishing a custody and support agreement.

Paternity can also be sought following annulment through one of California’s two paternity establishment methods. With the child’s mother and in the presence of a notary public or at a support agency, you can fill out and submit the voluntary declaration of parentage form to establish paternity. If you would rather establish paternity through a court order, that can also be done, but it is often a long process.

To learn more about how you can establish paternity, read our blog.

Pasadena Parental Rights Attorney

Dissolving your marriage through an annulment can have consequences for your legal rights to your children. If you are the father of the children, you will need to seek parental rights to have custody of your children, which can be done with the assistance of your family law attorney. Our annulments attorney at Law Offices of Christopher L. Hoglin, P.C. can help you request paternity at your annulment hearing to keep your family together and your bond protected.

Are you pursuing an annulment with children? Schedule a consultation with our annulments attorney today by calling (626) 653-4075 or contacting us online to learn more about how your annulment may affect your legal right to your children.