San Jose Paternity Attorney
Representing Mothers & Fathers in Santa Clara County
The subject of establishing parentage / paternity can be incredibly sensitive when you are single and not married to the other parent of the child. Whether you are asking the parent of your child to take a paternity test or you have been told that you will have a child but you are not sure the child is yours, it is important that you consult a Santa Clara County attorney.
A San Jose paternity lawyer at Magdalena Law Group can assist you with the legal process of establishing or disputing paternity. Once paternity is legally confirmed and established, we can assist clients with creating child support and child custody/visitation orders. Whatever your individual circumstances may be, we can personally guide you through the process and protect your rights along the way.
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Establishing Paternity in California
When a married couple has a child, the husband of the mother is presumed to be the child's father. In this scenario, paternity is automatically established and is rarely disputed. If a man is living in a household with a woman and a child and acts as the child's father, then the man can be presumed to be the father of the child under California law. This is true even if the man is not the biological father of the child. In situations where a baby is born out of wedlock, establishing paternity may require additional legal steps.
Common Methods to Legally Determine Paternity:
- A court order established by a judge (who may order DNA testing)
- Voluntarily signing a Voluntary Declaration of Paternity
If a paternity case ends up in court and the father refuses to cooperate with genetic testing, the judge may declare him to be the father by default.
Benefits of Legal Paternity Establishment
The relationship between a father and a child is very important. A healthy father-child relationship can provide strong emotional support for the child and allow the child to benefit from health insurance, child support, and other benefits through the father. Learn more about establishing paternity when you talk to one of our lawyers in San Jose. We handle each case with the utmost discretion and professionalism to ensure your privacy.
How Long Does a Father Have to Establish Paternity in California?
California law states that paternity can be established up to three years after a child's 18th birthday. If the individual happens to be married when their child is born, and he or she has questions about paternity, they can seek a court order to get a blood test. However, this must be done within two years of the birth of the child.
Does a Birth Certificate Establish Paternity in California?
In California, if two people have a child together but aren't legally married, then the father's name will not be on the birth certificate. This is not set in stone though, and can be revised with two steps:
1) Either signing a voluntary Declaration of Paternity form that the hospital provides
2) Or by signing the form later in the courts to establish paternity. Be aware that there will be a fee to alter the birth certificate.
Once the forms are signed and revised, then the father will have legal visitation and custody rights, along with any financial responsibilities.
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I'm fortunate to have picked Magdalena Law Group to help me get through a very difficult and emotional divorce. Magdalena and ...
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I had hired Magdalena after I realized that my spouse had filed multiple cases in the Unites States and other country. All of ...
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Magdalena is absolutely brilliant, compassionate and highly efficient. She is a brilliant strategist and will help you ...
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"Made the divorce process so simple and less emotional! She was quick to respond to any questions or concerns I had."
Made the divorce process so simple and less emotional! She was quick to respond to any questions or concerns I had.
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"Divorce can ruin your life, don't call anyone else, Magdalena saved everything for me and I’m here telling the truth, she knows the law. "
Divorce can ruin your life, don't call anyone else, Magdalena saved everything for me and I’m here telling the truth, she knows the law.
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I am pleasantly surprised that Magdalena finalized my divorce so fast.
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I felt like I could trust her with my case, if I had questions or concerns her and her assistant would respond back right away.
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"They were able to quickly understand my case (even though I have not spoken to her in over a year) and get everything ready for court, which ended up in my complete favor."
They were able to quickly understand my case (even though I have not spoken to her in over a year) and get everything ready for court, which ended up in my complete favor.
- Former Client
Why Choose Magdalena Law Group?
What Makes Us Different
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Multi-Lingual Legal Services Offered
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Effective, Caring & Innovative Counsel
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Experienced Courtroom Litigators on Your Side
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Led by a Certified Family Law Specialist*