How is custody typically handled when paternity is in dispute?
When paternity is in dispute, custody is typically handled on a case-by-case basis in California. When a paternity dispute arises, the court will usually order genetic testing to determine the biological father. If the results of the test show that the man in question is not the biological father, then custody is typically handled based on the Custody and Visitation Order or any existing parenting plan. In California, the court’s primary concern is the best interests of the child. When determining custody, the court may consider a variety of factors such as the child’s age, the physical and mental health of all parties, the parent’s ability to provide a secure and stable home, and any other relevant information. The court may consider a variety of custody and visitation arrangements, such as shared legal and physical custody, joint legal and physical custody, and sole physical and legal custody. If the parties are unable to agree on a custody arrangement, then the court may order mediation, a process in which the parents and the court-appointed mediator discuss the different custody options and come to an agreement. If the parties fail to reach an agreement during mediation, then they will have to go to court and present their case to a judge who will ultimately make the decision regarding custody.
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