Representing A Variety Of Clients In Complex Paternity-Related Issues

Sometimes the identity of a child’s father may be unclear. Identifying a father can be important for many reasons. On one hand, it will allow a mother to seek child support. On the other, it allows a father whose parental rights are being denied to prove his relation and have access to his children.

The circumstances surrounding paternity cases are often emotional, and disputes can become quite contentious. No matter what your connection to a paternity case may be, it is important that you have quality legal representation behind you from the start. At Contreras Law Firm in San Diego, our lawyers represent clients on all sides of paternity cases.

What Happens In Paternity Suits?

A paternity suit can be filed by either the mother or the alleged father. A DNA test may be performed on all parties to determine whether the alleged father is related to the child. Common disputes in paternity suits include the following:

• The amount of child support the parent should receive
• The type of custody agreement that will be in place going forward
• The amount of parenting time that the father will be able to spend with the child

It is extremely important that both parties take these matters seriously. For example, if a father does not respond to the suit, courts may assume he is the father and require him to pay past-due child support.

A mother cannot prevent her child from visitation with the father, especially after a paternity test confirms that he is the biological father. California courts often rule in favor of joint custody in child custody disputes, meaning that both parents have equal access to the child.

How Is Parentage Determined?

Parentage is typically established either automatically for biological parents or presumed for married couples and registered domestic partners when a child is born. Additionally, parentage can be determined by signing a Voluntary Declaration of Parentage form, which allows couples to legally establish parentage without needing a court ruling.

If there is a dispute, then the court may have to make a ruling. In many cases, DNA testing and genetic testing will be used. Modern DNA tests are accurate in more than 99% of cases, so courts can use this as sufficient evidence to rule on parental rights and obligations.

What Happens On Both Sides Of The Parentage Issue?

If you need to determine parentage, you can start a court case by filing a Petition to Determine a Parental Relationship. You will also need to file a Summons. This informs the other party of your intent, and the court can then set up hearings and court dates to make a ruling.

On the other side of the equation, if someone else is trying to determine parentage, you may be the one who receives a copy of the summons and the Petition to Determine a Parental Relationship. You can then use form FL-220 to officially file your response. It is important to note that the response must be filed within 30 days.

The case goes to court either way. If you respond, you will be involved in the parentage determination process and informed of upcoming court dates. If you fail to respond, the court can make a default ruling and establish parentage without your input. It is still a binding court order.

What Should You Expect From The Court Process?

The court process can be complex, making it extremely helpful to work with an experienced California legal team. You will need to attend hearings, present evidence – such as the results of genetic testing carried out at the appropriate lab (home DNA tests typically cannot be used) – and file all paperwork on time with the court.

You also need to obtain a new court order, which will inform you of your rights and responsibilities, including the right to have custody of your child or the responsibility of paying child support, once parentage is determined. An experienced attorney can guide you through these steps to help the process go smoothly and protect your rights.

Discuss Your Paternity Options With Our Experienced Team

Our attorneys have substantial experience in paternity cases and other family law matters. Do not hesitate to contact our San Diego office by calling 619-908-1495 or sending us an email for your free consultation.