Family Law Overview

Paternity

Establishing a Parental Relationship

Paternity & Maternity in California

From our offices in Fremont, Walnut Creek, and Pleasanton, the paternity lawyers at the law firm of Shirley D. Jacobs assist fathers and mothers to establish and maintain supportive parental relationships that meet the needs of their children.

Establishing Parentage

A DNA test will prove paternity with great accuracy, but that alone does not establish legal parentage in California. Under the Uniform Parentage Act, when an unmarried couple has a child, neither parent automatically has custody rights to that child. Parentage must be established legally through a Parentage Relationship case for both the mother and the father.

A mother may establish paternity without DNA evidence by petitioning the courts to establish a parental relationship. The purported father must be served with the petition. If he does not respond, the mother can proceed with her claim by default and may be awarded child support.

If the father was not actually served with the papers, he may first become aware that that Court has named him to be the legal father when his wages have been garnished and money has disappeared from his paycheck. The law allows a man to challenge a petition for establishment of paternity but time is limited. If you believe that you are not the father of a child, you need to contact an attorney as soon as possible. The Fremont, Walnut Creek and Pleasanton paternity lawyers at the Law Office of Shirley D. Jacobs offer a free initial consultation and can advise you on the next steps to take.

Child Support

It’s the goal of the State of California for every child to be supported by his or her parents, both psychologically and financially. Once parentage has legally been established, the child is eligible for child support, health insurance, inheritance rights and other benefits that the parents might receive. The father could also be responsible for the costs of pregnancy and childbirth.

Contact the Pleasanton paternity lawyers at the Law Office of Shirley D. Jacobs to learn more child support and your responsibilities and rights as a parent.

Custody and Visitation

Under the Uniform Parentage Act, the birth mother has no more right to custody of the child than the birth father. Either parent may seek physical custody of the child and both parents have a right to visitation. Because the child has no custodian until a court decision has been made, it is extremely important that a parent establish parentage and custody before family difficulties arise, such as when one parent removes the child and the other parent finds they have no legal standing. Contact our office to schedule a free initial consultation to begin securing legal custody for your child.

The attorneys at the Family Law Offices of Shirley D. Jacobs provide comprehensive family law services to residents of the East Bay area of California, including Alameda County and Contra Costa County and the nearby cities of Martinez, Danville, Lafayette, Moraga, Orinda, Livermore, San Ramon, Union City, Hayward, San Leandro, Alameda, Emeryville, Dublin, Berkeley and Oakland.