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When is a Paternity Action Necessary?

TogethernessThe family unit has changed in the past 25 years, and with it has come a growing need for paternity actions in court.

Between 2005 and 2012, about 45 percent of first-time mothers were unmarried and living with a partner, or unmarried and without a steady partner. That is a sizeable increase since the 1990s, when 18 percent of first-time moms fell into this category.

This changing face of the family dynamic means more men and women seek legal guidance in the areas of child support, financial help, custody and visitation rights. A paternity action addresses these needs.

A paternity action is done to establish paternity and custody rights for a child that was conceived out of wedlock.

The term “paternity action” may conjure thoughts of victorious guests parading around the set of Maury after learning they are or aren’t the father of a child. A paternity action doesn’t always have the tabloid-fueled flare of determining who’s the “baby daddy.”

When children are born to parents who are married but are divorcing, custody rights are determined as part of a divorce. But what are you to do if you aren’t married? Let’s say you’ve been in a long-term, committed relationship that resulted in a child. After living together for several years, you’ve both decided to go separate ways. A paternity action will be necessary to outline custody and visitation details for your child, since you aren’t filing for divorce. Either of you can file.

“A dad may file because he wants child support, or a mom may file because she wants to establish herself as the custodial parent,” says San Diego family lawyer John Griffith.

All of this begins with establishing who is the father of the child. That can be done a couple of ways.

One option is for the parents of the child to sign a Voluntary Declaration of Paternity. Doing this establishes them as the child’s legal parents. This can be done at the hospital when the child is born, or at a later date.

If paternity isn’t established voluntarily, you can ask your local child support agency to bring an action to establish parentage and request a child support order. This is a free service in California.

A third option is to go to court to establish parentage. When going this route, it is a good idea to speak with an attorney who specializes in family law because this process requires you to complete, serve and file several court forms, as well as have a trial before a judge.

If you’ve received a petition for paternity, you must respond to it. A failure to do so means the court could enter a default against you.

Once you’ve told the court you’re the father of the child, this ruling cannot be contested after two years have passed, even if DNA and blood tests show that you’re not the biological father of the child. You will be the legal father of that child and subject to child support orders until the child turns 18.

You can learn more about paternity actions here.

Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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The Typical Divorce Process in California
Discovery of Assets & Obligations (1-3 months)
1 Complaint for Divorce Filed Start of litigation
2 Complaint is Served Varies, but usually shortly after the complaint is filed
3 Answer to Complaint Due 30 days from the date of service
4 Mediation Anytime, but usually after initial discovery
5 Temporary Hearing Usually early in the process
6 Late Case Evaluation / Judicial Hosted Settlement Conference Usually near the end of the case
7 Trial (If Needed) The goal is to settle, but if your case goes to trial, it could take months after the start of litigation.
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