Paternity is a legal term to describe a child’s father. Paternity or fatherhood can be established voluntarily or via a court order in San Jose. You may need to establish paternity or parentage during your family law case if you are not sure who the biological parent of your child is or need someone’s paternity to be legally confirmed to receive certain benefits, such as child support payments.
At the Schoenberg Family Law Group, P.C., we understand how emotionally draining a paternity case can be. From either side of a paternity case in San Jose, we can protect your future interests and provide the help and representation that you need.
Why Choose Our Experienced San Jose Paternity Lawyers?
- Debra R. Schoenberg is a Certified Family Law Specialist with more than 35 years of experience. She is a leading divorce and family law attorney in San Jose.
- We know California family law and how to navigate paternity cases efficiently and effectively. Our team can make the legal process as simple as possible for you and your family.
- You will benefit from a diligent and dedicated San Jose paternity attorney who will put your needs first. We provide personalized legal strategies for each unique case and client.
Why Would You Need to Establish Paternity in San Jose?
Several different family law matters could require you to establish parentage in San Jose. If you and your partner are getting divorced or legally separated and you need to determine child custody, for example, you may need to establish paternity. Otherwise, the father will not have parental rights and may not legally be entitled to custody or visitation.
Without established parentage, you also may be unable to receive child support payments from your ex-spouse after a divorce. Before a court in California will sign an order regarding custody, visitation or child support, establishing parentage is necessary. In addition, establishing paternity can grant your child certain legal rights and benefits, such as the right to inheritance, Social Security and health insurance.
How Is Paternity Established in California?
In California, if a couple is married when they have a baby, the law presumes that the husband is the father of the child. The husband’s name will go on the child’s birth certificate as the father. If the couple is unmarried, however, they must establish paternity through other means. There are two ways to establish paternity: a voluntary declaration and a paternity DNA test.
A voluntary declaration of parentage is the easiest way, as it does not require a DNA test or court trial. As the name implies, a voluntary declaration is a document signed by someone that acknowledges that he is the legal parent of the child. An individual can voluntarily declare parentage whether or not he is the biological parent of the child.
If paternity is disputed by either party, a DNA test may be necessary to establish parentage. This will require a paternity court case (also known as a paternity action) and a trial that both parties must attend. The courts will require the parties to prove or disprove paternity with a DNA test. Then, with the results of the test, a judge can make a legally binding decision as to the parentage of the child.
Involved in a Paternity Dispute in San Jose? We Can Help
Paternity is a sensitive topic for many families. Establishing parentage and paternity can have a major impact on the future of the parents as well as the child. At the Schoenberg Family Law Group, P.C., our paternity attorneys understand the nuances of paternity cases in California and can help you navigate your legal matter in San Jose. We can help you obtain a judicial order establishing paternity or rebut a presumption of paternity, depending on your circumstances and case goals. Our lawyers will be your advocates throughout the complex legal process.
Discuss your paternity case in more detail with one of our San Jose paternity lawyers today. Contact us online with a brief description of your legal matter or call us directly at (415) 969-2981.