San Diego Paternity Attorney

Your Advocates for Paternity Actions in San Diego County

A paternity case is used to determine the biological father of a minor child when the parties were not married at the time of the child's birth. Parentage usually must be established before child support or child custody orders can be obtained. Establishing parentage means obtaining a court order or signing a Declaration of Paternity that dictates who the legal parents of the child are.

If the child was born when the parents were not married, the child does not have a legal father, meaning the father does not legally have rights or responsibilities for the child. Therefore, parentage must be established through the proper legal channels. This leads to issues regarding child support, custody and child visitation rights.

Tell us about your case during an initial consultation with one of our paternity lawyers in San Diego. Call (858) 492-7968 or send us an email today!

Establishing Paternity in California

In California, the legal process of establishing paternity can be initiated in various ways, depending on the circumstances surrounding the child’s birth and the relationship between the parents. If a child is born to unmarried parents, the father must establish paternity before he can assert his legal rights to custody, visitation, or even be obligated for child support.

There are two primary ways in which paternity can be established:

• Voluntary Declaration of Paternity (VDOP): If both parents agree on the identity of the father, they can sign a Voluntary Declaration of Paternity, which is a legal document that establishes paternity. This can be done at the hospital when the child is born or later at the California Department of Child Support Services (DCSS).
• Court-Ordered Paternity: In cases where the parents disagree about the father’s identity or paternity is contested, a San Diego paternity attorney can help initiate a court case to establish paternity. Typically, this involves genetic testing (DNA testing), which is the most accurate method of determining biological paternity.

A San Diego paternity lawyer can assist in either drafting the Voluntary Declaration of Paternity if both parties agree or guiding you through the process of obtaining a court order if paternity is in dispute.

Why It Is Important to Establish Paternity?

Establishing parentage is important because it entitles the unmarried father to the same rights and privileges as those he would have if he were married to the mother at the time of the child's birth.

• For fathers, it grants the right to seek custody or visitation and allows them to be involved in their child's life.
• For mothers, establishing paternity ensures that the father is legally obligated to contribute financially to the child’s well-being through child support.
• For the child, establishing paternity provides the opportunity to develop a meaningful relationship with both parents and ensures they have access to important benefits, such as health insurance, inheritance, and social security benefits.

Once paternity is established, a father’s name can be added to the child’s birth certificate, which is an important step in recognizing their legal relationship. Additionally, paternity establishes the foundation for addressing other important matters such as child support, medical decisions, and educational needs.

There is a myth that courts tend to favor the mothers when dealing with custody and other matters involving children, but the reality is that the courts will always focus on the best interests of the child. However, establishment of paternity is vital if you want to protect your fathers' rights.

Every case is different and based on individual facts and circumstances. No matter how complex your situation is, our experienced San Diego paternity lawyers have the knowledge and skills to assist you. If you are seeking visitation or custody rights to your child, it is best to work through the paternity process with the help of a paternity lawyer near you.

How a San Diego Paternity Lawyer Can Help?

At Moore, Schulman & Moore, APC, our divorce and family lawyers offers individual representation to clients for a wide variety of paternity matters, from DNA testing to establishing child sharing, support and custody agreements. We put in the effort to learn everything about your specific situation and provide honest and expert advice regarding your options. Throughout the entire process, our attorneys will be there to guide you.

Contact our office to learn more about how our paternity lawyers can help you! Call now - (858) 492-7968

Can You Sue for False Paternity in California?