Establish Parentage / Paternity / Set Aside Paternity Judgment FAQ

Paternity Suit – Petition To Establish Paternity

Based in San Diego, the paternity lawyers at Wilkinson & Finkbeiner, LLP, specialize in representing mothers and fathers throughout San Diego and southern California with issues related to establishing paternity, child support, child custody and visitation, name changes and setting aside paternity judgments.  To learn more about our firm, click here to watch a video overview on our attorneys.  Click here to contact our attorneys about your case.

How Do I Establish A Parental Relationship Between A Mother or Father And A Child?

Simply having your name on a child’s birth certificate does not mean you are the legal parent in the eyes of the court.  There are several ways to establish your rights as a parent in the eyes of the court.

If a child is born to parents who are unmarried, or if there is a question as to who is the father of the child born to an unmarried woman, the only way for a parent to establish and enforce their legal right as a parent is to file a paternity action in family court.  This is true even if a parent executed a voluntary declaration of paternity at the hospital.

Why Would  I File A Paternity Action?

By filing a paternity action, each parent has a right to conduct a non-invasive paternity test via oral swab.  If the paternity test results in a genetic match, either parent can seek to obtain a judgment of paternity.  Upon the entry of a paternity judgment both parents have legal right to request child custody, visitation and support orders from the court.

Who Can Be Established As A Parent Under A Parentage Action?

There are several others ways to establish a parental relationship, including:

Voluntary Declaration of Paternity:  Form signed by the father at the hospital establishes paternity upon execution.  Can be rescinded within 60 days of execution.

Parentage By Estoppel: A court can order a parent, even if not the biological parent, to serve as the legal parent and enter a paternity judgment.

Artificial Insemination: If a woman is artificially insemnitated with a man’s sperm, with his written consent, the donor can be established as the legal father.

Same Sex Parents:  Under the case of Alyssa B., same sex parents can be established as the legal parents through a paternity action.

Putative Marital Assumption:  Parents who attempted to marry, but the marriage was void for some reason, will be the presumed parents in a child born of that relationship for purposes of establishing paternity.

Why Don’t Parents Who Are Married Have To File A Paternity Action?

There is a marital presumption in California that if a child is born to a married couple, or within 300 days of death of either parent or the annulment or divorce of the marriage, the husband is presumed to be the biological father having legal rights concerning the child.

Where Should I file a Paternity Action?

In order for California to have jurisdiction (the ability) to enter a paternity judgment, the child must be either conceived, born, or artificially inseminated within the state of California.  If none of these prerequisites exist, the state in which conception, birth or artificial insemination occurred is the correct jurisdiction to file a parentage action.  Further, even if a child is conceived or born in another county other than San Diego, a San Diego court may still have the ability to hear and enter orders concerning parentage and the child depending on certain factors concerning the length of time a child has lived in San Diego.

I Just Learned Of A Paternity Judgment Naming Me The Father, Can I Have It Set Aside?

The short answer is maybe.  There are very specific rules allowing for paternity judgments to be set aside, or voided.  There are very strict timing requirements to filing a motion to set aside a paternity judgment.  By setting aside a paternity judgment, a parnent’s child support obligation can also be set aside.  Consult with an attorney as soon as you learn of a paternity judgment or your wages begin being garnished for a support order.  Contact our offices to discuss this matter immediately upon learning of such judgment.

How Do I Change Or Amend A Child’s Name On A Birth Certificate?

A name change of a child must be requested and ordered through the family court.  If the parents agree to the name change, a stipulation (agreement) can be filed with the family court.  If the name change is contested or not agreed upon, a motion must be filed in family court and the court will conduct a best interests analysis.  Factors the court will consider include the age of the child, the number of years the child has used the current name, each parent’s level of involvement with the child and any other factors that would be in the best interests of the child.  Upon the family court ordering a child’s name change, a certified copy of the order must be served upon the California Department of Health & Human Services together with the proper application as provided here.

San Diego Paternity Experts

Our San Diego paternity attorneys specialize in representing mothers and potential fathers in all types of paternity actions. Whether you are seeking a paternity action to obtain child support or to avoid paying child support for a child you believe may not be biological child, or to establish custody and visitation rights, our experienced attorneys look forward to working with you.

In addition to obtaining orders for child custody and child support, typical issues involved in a paternity action include obtaining a paternity test, obtaining a judgment for paternity or setting aside a default judgment of paternity through either the Family Court or Department of Child Support Services (DCSS).

Our experienced paternity attorneys look forward to providing high quality, aggressive representation to obtain your goals and desires while protecting your legal rights and interests.

Contact a San Diego Paternity Attorney

For further information regarding filing a paternity petition, setting aside a paternity judgment, or to discuss the consequences or ramifications of a paternity suit, we invite you to schedule a free confidential consultation with an experienced San Diego paternity attorney by calling us at 619-284-4113, e-mail us, visiting us, or filling out our intake form on our Contact Us page. The parking and confidential consultation are free.