A Paternity action, otherwise known as a Petition to Establish a Parental Relationship, is a confidential process that has three central components: determine the parents of the child, set custody and visitation for parents and child(ren), and determine child support. The court has discretion to order contribution to the costs of the birth and attorney’s fees as well. Custody, visitation, and support are all determined pursuant to the same laws and rules that govern divorces. Spousal support cannot be awarded through this process, and community

A Petition to Establish a Parental Relationship may be filed prior to the birth of a child, or at any time prior to the child reaches the age of majority. Once the matter is filed and served, the responding party has to make important decisions rather quickly. The responding party alleged to be a parent to the child or children must make a decision whether to challenge the allegation of parentage by requesting a DNA test, or affirm parentage. Ignoring the Petition may result in a finding that the alleged parent is in fact the parent.

If the parties agree to parentage, the parties may then file an Order to Show Cause regarding custody and visitation, and/or child support, or simply formally stipulate to the terms of custody, visitation and support without filing a request with the Court. Informal agreements between the parties may settle differences but are not enforceable by courts or police.

A paternity test will not be permitted if the child is conceived to a married woman. That woman’s husband is presumptively held to be the child’s father by California law. As well, if an individual signs a voluntary declaration of paternity at the hospital he has a limited time to challenge that declaration before it becomes conclusive.

If you have any doubt whether you are the parent of a child and are served with a Petition to Establish a Parental Relationship or if you simply need help setting custody, visitation, and child support the Law Office of Mitchell A. Jacobs will provide you with efficient, discreet, and expert advocacy.