Frequently Asked Questions
A paternity action can be brought at any time. When a child’s parentage is uncertain, the court can determine who the legal parents of the child are. Courts are not permitted to order permanent child support from a party who contests parentage until the dispute regarding parentage is resolved. However, the court does have the authority to order temporary child support pending a final resolution of the parentage dispute if there is “probable existence” of a parent-child relationship.
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There are several ways to establish paternity in California. The court may accept a stipulation of parentage from the parties. Parentage can also be established through a voluntary declaration of paternity, which is commonly signed at the hospital when the child is born. There are other factors that are considered when a court is determining parentage. Most factors are not determinative—meaning they do not establish parentage on their own. Some factors that a court may evaluate include biological genetic testing, marital status, whether an individual functions “in every way” as the child’s parent, and more.
If you are seeking to establish or contest paternity in San Diego, our diligent lawyers are here to provide you valuable legal advice.
There are many issues that fall under the umbrella of a paternity action. Some reasons a paternity action may be filed are to establish parentage, to terminate parental rights, or to change prior court orders related to parentage. The courts have continuing authority to modify or set aside orders regarding presumed parentage status. If you believe that you are not the parent of a child, we can help you dispute the issue in court and gather evidence to support your position.
Contact our experienced paternity attorneys to help you file a petition to establish or dispute paternity.
Genetic testing is a scientific method used to determine the identity of an individual. Genetic testing can sometimes help determine the legal parent of a child. However, genetic testing is not always a conclusive way to determine who the legal parents of a child are. Especially in cases involving adoption, same-sex couples, invitro fertilization, and more than two parents, genetic testing is merely a factor in a parentage analysis.
Genetic tests can be ordered by the court and performed by court-appointed experts. Genetic testing done outside of the court order does not have any legal significance. In some cases, genetic test evidence may be used to overcome what is called a “presumption of parentage.” However, genetic test evidence may only be used to overcome a paternity presumption if the action is filed and served within two years of the child’s birth.
Our dedicated paternity lawyers understand the intricacies and importance of parentage and are here to help you skillfully navigate this sensitive issue.
If you are dealing with paternity issues, JWB Family Law can help provide the legal assistance you need to resolve your matter in an efficient and effective way for everyone involved. Our team of experienced and compassionate paternity attorneys will work tirelessly to ensure you receive the best possible outcome. We understand the stress and confusion that can come with legal matters, and we are here to diligently assist you. You can trust us to assist you in matters of child support, give you valuable legal advice regarding asset property division, and offer guidance with delicate child custody cases.
We’re also here to help you establish your paternity rights in Temecula and work on your paternity case in El Centro. Our team is at your disposal across Southern California, whether you’re located near San Diego Bay or the Pechanga Resort & Casino. Set up a free consultation today and let us know how we can help!
Both parents can sign a Voluntary Declaration of Parentage, which carries the same legal weight as a court order. However, court intervention is necessary if there is any dispute or uncertainty.
Timelines depend on case complexity, whether DNA testing is required, and the court’s availability.
The court can order genetic testing. If a party refuses, the court may issue sanctions or decide the case based on available evidence.
California law sometimes allows more than two legal parents if it serves the child’s best interests. This is especially relevant in blended families or non-traditional parenting arrangements.
While not legally required, having an experienced attorney can significantly improve your chances of a fair, timely, and complete resolution.