Paternity Actions in San Diego

paternity actions san diego

Defining Paternity in California

A paternity action in California is a legal proceeding to determine the identity of a child’s biological father. This legal action can be initiated by the child, the child’s mother, or the alleged father.

When a child is born during a marriage, the spouse of the person who birthed the child is presumed to be the father.

When a child is born to an unmarried couple, it is not assumed that the un-wed partner is the father. Establishing paternity is essential to create the best opportunities for the child. This process can be extremely beneficial because establishing paternity allows for the following to occur:

Establishing Paternity in California

It is important to note that establishing paternity has significant legal and financial implications, including child support obligations, custody and visitation rights, and inheritance rights. Therefore, it is important to consult with an experienced San Diego family law attorney who can advise you on the best course of action for your situation.

Questioning Paternity In A Marriage

In some cases, paternity may come into question even though a couple is married or in a domestic partnership There can be a couple reasons for this. If you suspect that your child is not biologically linked to you, your responsibilities as a parent may not be required. These cases can be extremely complicated and need to be handled by an attorney that specializes in family law.

Paternity Actions and Domestic Violence in California

California is governed by the Domestic Violence Prevention Act for matters involving domestic violence. This law gives authority to the courts to step in and issue injunctions against domestic violence. These injunctions could include prohibiting the use or possession of firearms, prohibiting the alleged abuser from living in the family residence, prohibiting contact between the alleged abuse and their minor child, and allowing a minor child to live under the other parent’s custody at the family residence.

Work With the Paternity Action Experts at Fair Cadora

We know how overwhelming this process can be, which is why it is in your best interest to contact our firm immediately. Establishing paternity can have a significant impact on a child’s life, including access to important benefits, such as health insurance, social security, and inheritance rights. In some cases, it can also impact the relationship between the child and their father. Working with an attorney to establish paternity can ensure that the process is done correctly and efficiently. Hiring a family law lawyer ensures you have access to the legal expertise to understand your rights, create a legally binding agreement and protect your interests while avoiding costly mistakes.

At Fair Cadora, we pride ourselves in having extensive experience helping families in their paternity actions. Our attorneys always work hard for our clients and have the drive and ambition necessary to maximize a positive outcome.

Schedule a Consultation with One of Our Paternity Experts

At Fair Cadora we offer a free case evaluation for potential new clients to help take some of the pressure off the legal process. We like for our potential new clients to get to know us and get a feel for our practice, so they can feel confident with our representation. If you’re facing a domestic violence or restraining order issue and not sure where to start, contact one of our experienced San Diego family law attorneys to schedule a case evaluation.

Request Case Evaluation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

A woman shaking hands with a man at a desk.
A man is holding a baby in his arms.

Frequently Asked Questions

Paternity in California can be established through Voluntary Declaration of Paternity forms, court orders, or genetic testing. The easiest way is often a mutual agreement between the parents using the state-issued form.

Establishing paternity grants both parents certain legal rights and responsibilities. These include the right to seek custody or visitation and the obligation to provide financial support for the child.

Possibly. If you have doubts about paternity, do not delay in seeking legal advice about how to proceed, as there can be important timelines involved.

Once paternity is established, a parent may be required to pay child support. California calculates support based on factors like income, custody arrangements, and other considerations.

If the alleged father disputes paternity, legal action may be necessary. The custodial parent can file a paternity case, and the court may order genetic testing to determine parentage.