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Temecula Divorce |
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41690 Enterprise Circle North Suite 200M
Temecula, CA 92590
Phone:
(951) 816-9543
(951) 587-0505
California Paternity Information
A paternity suit is a lawsuit beween a man and woman who have children together, but were never married. Unlike a divorce action, there is no waiting period to finalize the paternity lawsuit, (except under certain circumstances) the court cannot divide property, nor does the court have the ability to award spousal support. While it takes at least six months to obtain a divorce in California, a paternity case is usually resolved in three months or less.
There is no such thing as a common law marriage in California. Thus, regardless of how long a couple lives in the same house, regardless of how many children they have together, if a couple fails to obtain a marriage license and marry in a civil ceremony, the state of California will not recognize that couple as married. If the parties have children together, even own a home together, property is not divided in the paternity case- only in a divorce.
The function of a paternity case is to determine who the natural father of the child is, make orders for child custody and visitation, and to award child support to the custodial parent.
In order to begin a paternity suit, one party must file a paternity action. The alleged father then has the right to undergo genetic testing. If the man is proven to be the father of the child, the court will order the parties to exchange financial information and participate in mediation. At mediation, the parties will try to work out a custody and visitation schedule. If the parties are unable to reach an agreement, the court will make orders at the next hearing. The law presumes that it is in the best interest of the child so have frequent and continuing visitation with both parents.
At the follow-up hearing, the court will make a finding of paternity, make orders for child custody and visitation, and establish a child support order. More likely than not, the court will order that a judgment for paternity be drafted, as well. However, if there is a future change of circumstances, the court can modify the child custody and child support orders as is necessary.
Often times, the results of a dna test can be confusing. If you are the natural parent of the child, you will be obligated to pay child support for that child until the child reaches the age of majority. Before agreeing to paternity, you should have the results of the genetic test reviewed by a family law attorney or other professional.
Family Attorneys serving the Temecula, Murrieta, and Hemet areas of Riverside County, Ca, including Menifee, Wildomar, Winchester, Canyon Lake, and Lake Elsinore. Our practice is limited to family law, including issues involving divorce, paternity, legal separation, annulment, child custody and visitation, child suport, spousal support, attorney fees, post-judgment modifications, division of property, domestic violence and guardianships.
