San Jose Paternity Attorney

Comprehensive Paternity Legal Support in Santa Clara County

Are you a father who wants to establish paternity to seek child custody and/or visitation rights? Are you a mother who is seeking to establish paternity in order to pursue child support or other financial assistance? If so, then you may have questions about paternity and how it relates to your situation.

At the Moreno Family Law Firm, we are here to help you address your concerns and questions. We understand that paternity cases can be emotionally and legally complicated. We have the experience and knowledge to help you resolve your paternity case.

Call our firm today at (408) 676-1814 or contact us online to schedule an initial consultation. 

How Is Paternity Determined in California?

In California, it is the mother who decides if a man will be recognized as the father of a child through the sign of a Voluntary Declaration of Paternity. However, the father can request a paternity test to determine if he is the biological father of the child. If the test results find that the man is not the child's father, then he will not be required to pay child support.

If paternity is in question, either parent can petition the court to establish paternity. In most cases, the court will order a DNA test to determine the biological father. DNA testing is highly accurate, and the results will either confirm or deny the alleged father’s paternity. If the test results indicate that the alleged father is the biological father, the court will officially establish paternity, granting the father legal rights to his child.

After the paternity test, a court will issue an order that will recognize the father as the legal parent of the child. This order will establish the father's parental rights and responsibilities to the child, including the right to request custody or visitation. In addition, the father will be required to pay child support.

Legal Rights and Responsibilities of a Father

Once paternity is established, the father has legal rights and responsibilities regarding his child. These rights can include:

Custody and Visitation

An established father has the right to seek custody or visitation of his child. Custody and visitation arrangements are determined based on the best interests of the child, and the father can petition the court for either physical or legal custody. The San Jose paternity lawyer will help guide you through the process of seeking custody or visitation, ensuring that your rights as a father are protected.

Child Support

Once paternity is established, the father will be obligated to pay child support, unless other arrangements are made. The amount of child support is determined by the California child support guidelines, which take into account both parents' incomes and other relevant factors. A San Jose paternity attorney can help you understand your financial obligations and work with the other parent or the court to establish a fair child support order.

Inheritance Rights

A child has the right to inherit from both parents. Once paternity is legally established, the child gains the same inheritance rights as children born to married parents. This means that the child can inherit from the father's estate in the event of his death.

How Long Does a Father Has to Establish Paternity in California?

In California, there are time limits for establishing paternity, which can vary depending on the circumstances. Generally, a father can establish paternity at any time, but in some cases, such as child support proceedings, paternity must be established before a certain age. In California, paternity can be established until the child reaches the age of 18, but it is important to act sooner to ensure that both parents' rights are addressed in a timely manner.

What Is Paternity Fraud?

Paternity fraud occurs when a woman knowingly names a man as the father of her child when he is not. This can be done in order to receive government benefits or to gain leverage in a personal relationship or a divorce case. In some cases, the woman may be pressured by family members or other persons to name a particular man as the baby's father.

If you suspect that you have been a victim of paternity fraud, you may wish to request a paternity test. If the results of the test show that you are not the biological father, you may be able to seek damages for the fraudulent act.

Get Professional Paternity Case Assistance Today

At the Moreno Family Law Firm, we pride ourselves on helping our clients resolve their paternity cases in a cost-effective and efficient manner. We understand how stressful and emotionally draining paternity cases can be, and we want to help you achieve the best possible outcome. We provide personalized legal services to help you get through this matter. We will work with you to create a personalized plan to help you achieve your goals. 

Call our firm today at (408) 676-1814 or contact us online to schedule an initial consultation. 

Commonly Asked Questions

Does signing a birth certificate establish paternity in California?

Signing a birth certificate does not automatically establish paternity in California. While it is a step toward acknowledging fatherhood, paternity is legally established through a Voluntary Declaration of Paternity or a court order (often involving a DNA test). Signing the birth certificate gives the father some rights but does not fully establish legal paternity until formal acknowledgment or legal action.

Can a father refuse a paternity test in California?

A father can refuse a paternity test in California; however, the court may issue an order to compel him to take the test. Refusing a court-ordered paternity test can result in the court making a default ruling based on available evidence, including the mother’s claims, which may be unfavorable for the father.

How do I get a court-ordered paternity test in California?

To obtain a court-ordered paternity test, you must file a petition for paternity in family court. The court will then schedule a hearing, and if it deems necessary, it will order DNA testing to establish or confirm the biological father of the child.