Paternity Action

San Jose Paternity Law Attorney

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Myth: If I'm not married, I don't have custody and visitation rights.

Fact: This is not true. Once paternity has been established, you can seek child visitation through a family court proceeding.

In California, hospitals will ask mothers who the father of their child is. The mother can name anyone she wishes, or not give an answer. Establishing paternity does not usually require bringing a lawsuit; it becomes a legal issue when there is a dispute. At The Law Office of Patricia M. McKinnie in San Jose, our lawyers help our clients resolve these disputes through paternity actions. We also help clients seek child support and child custody and visitation rights.

The biological father of a child is established by way of a DNA test. Our lawyers will advise you where you can go to get a DNA test and what it involves.

Once paternity has been established, our lawyers can guide you through the issues of child custody and support. Family courts in California will require the parties to go through orientation and mediation sessions to learn to communicate about financial and other issues without involving the best interests of your children.

Did you know?

• Establishing paternity of a child only affects child support and child custody. It does not provide community property rights.
• If you lived together in a long-term relationship, you may be entitled to property rights and palimony by filing a Marvin action.
• If you are not receiving the child support payments you are owed, our lawyers can force the other parent to pay through an enforcement action.
• Child support payments usually continue until the child turns 18 (or 19 if the child is still in high school).

Free Consultation: San Jose attorney Patricia M. McKinnie offers a free 30-minute initial consultation to discuss your paternity law matter.