San Jose Paternity Lawyer

Dedicated Paternity Attorneys Serving San Jose, CA

San Jose Paternity AttorneyThe issue of paternity is one that arises when a child is born to unmarried parents. Establishing paternity is critical to determining the biological father’s rights and obligations to his child under California law. However, the process of establishing paternity, and the rights and obligations related to paternity, is often complicated, and therefore legal advice is recommended. At Aeschleman Law, our San Jose paternity lawyers can help you navigate the process, whether you believe you are the biological father of a child or there is a claim that you are the father but believe that you are not.

Fathers Establishing Paternity

Under California law, any man who is alleged to be the father of a child has the right to establish paternity through DNA testing. If you believe that you are not the biological father of a child, it is important to determine paternity promptly. California law requires parents to provide financial support to their children. Therefore, if you are a presumed father and you fail to properly dispute that fact, you may be required to provide financial support for the child.

Additionally, if you believe you are the biological father of a child, it is important that you establish paternity. Fathers are entitled to custody and visitation rights, as well as receipt of child support, as appropriate.  Parents have a right to make decisions about their child’s education, health needs, and lifestyle. Thus, if you believe you are the biological father of a child, it is critical that you establish paternity with the courts so you can enforce your rights.

At Aeschleman Law, we can help guide you through the court’s process for establishing paternity and then protect your rights.  Aeschleman Law can meet with you to discuss your individual case.  Contact us for a reduced rate, full one-hour consultation.

Mothers Establishing Paternity

If you are the mother of a child, it may be critical for you to establish the father’s paternity. Fathers are required to provide financial support to their children and aid a mother in the parenting process.

Establishing a father’s paternity is not always an easy process.  At Aeschleman Law we can help you through the process and make sure that you obtain the financial support you are entitled to.

Establishing Paternity and Legal Parentage

Establishing legal parentage, or paternity, is a sensitive matter, especially for unmarried parents. Whether you’re seeking to confirm paternity or contest it, consulting with a knowledgeable attorney is crucial. At Aeschleman Law, our San Jose paternity lawyers assist clients in navigating the legal processes of establishing or disputing paternity. Once paternity is confirmed, we help in formulating child support and custody arrangements, ensuring your rights are protected throughout.

Establishing Paternity in California

In California, when a married couple has a child, the husband is presumed to be the father, and paternity is typically undisputed. However, for unmarried parents, additional legal steps are necessary to establish paternity. A man cohabitating with a woman and child, acting as the child’s father, may be presumed the father under state law, even without a biological connection. Common methods to legally determine paternity include:

  • Court Order: A judge can establish paternity, potentially ordering DNA testing.
  • Voluntary Declaration: Both parents can sign a Voluntary Declaration of Paternity.

If a paternity case proceeds to court and the alleged father refuses genetic testing, the judge may declare him the father by default.

Benefits of Legal Paternity Establishment

A legally recognized father-child relationship offers significant emotional support and access to benefits such as health insurance and child support. Our San Jose attorneys handle each case with discretion and professionalism, ensuring your privacy while guiding you through the paternity establishment process.

Timeframe for Establishing Paternity in California

Paternity can be established up to three years after a child turns 18. For married individuals questioning paternity at the child’s birth, a court-ordered blood test can be requested within two years of the child’s birth.

Birth Certificates and Paternity

In California, if parents are unmarried, the father’s name is not automatically listed on the birth certificate. To establish paternity, parents can:

  1. Sign a Voluntary Declaration of Paternity at the hospital.
  2. Complete the form later through the courts to establish paternity.

A fee may apply to amend the birth certificate. Once paternity is established, the father gains legal visitation and custody rights, along with financial responsibilities.

For personalized guidance on paternity matters, contact our San Jose Family Attorneys to schedule an initial consultation.

Call Our San Jose Paternity Lawyer Today

Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties.  Call us today for an initial consultation at (408) 724-8930.  You may also contact us by filling out the form at the bottom of this site.