What is Paternity and Why is it Important?

When a married couple has a child together, the husband is recognized as the child’s father.
 When a child is conceived by an unmarried couple, paternity could be questioned by either parent. Since CA law provides that every child shall be supported by BOTH  of their parents, it is important to take legal action and establish paternity so that your child is properly and fully cared for by both of their parents.
Determining paternity in California is complex. Contacting an experienced paternity attorney can help eliminate a lot of hassle. The first step is to file a petition. The summons will let the alleged father know that he needs to respond to the filing.
You will have to legally establish facts for the paternity action. These include statements and references to the correct state paternity statute, establishing jurisdictional requirements, stating the
child’s full name and date of birth, and identifying the relationship between each party and the child. If the mother was married at the time of birth, those facts also need to be stated.
Once the case is at issue and the other parent has responded to the court filing, in writing as required, there could be a pretrial hearing.  The Judge will evaluate the situation to determine whether a trial is necessary. A judge could make recommendations that the trial move forward,  or that the parties engage in discussions to hopefully reach a compromise. More than one court hearing may be necessary.
If the alleged father is denying he is the father, he can request genetic testing. In order to establish paternity in a disputed case, a DNA test will be taken. This process can take time, but in the end, the State considers the results of the test as conclusive evidence of paternity.
Once paternity is determined, child support orders will be made. In order to make sure the order is correct, both parties will need to complete Income and Expense declarations and provide the court with their last 2 years’ tax returns and last 2 months’ pay stubs. Failure to provide this information may result in an order that garnishes your wages,  so don’t fail to turn all financial information over.
If you are a father looking to establish paternity and obtain child custody or visitation rights, or if you are a mother looking to establish paternity so that you can pursue child support, our firm can help. Denise Lite is a Certifi8ed Family Law Specialist with 25 years handling these cases.   Call 877-317-8080 to set up a consultation to establish paternity and fight for your rights.