Monday, August 13, 2007

Establishing Paternity

Good afternoon, I am a single mother of a 6 week old baby. I am looking to find out how to go about establishing custody /visitation or establishing child support for my daughter (the father is my ex-boyfriend who lives in Pennsylvania/works in New York). I think this is a "family Law" issue? Paternity has not yet been established, and the relationship between my ex and I is not good.If my issue is something you can help me with. Thank you for your time and consideration. A.M. Hi, A.M. In order to get custody and visitation and in order to establish child support, you need to file a paternity suit. Any competent lawyer can help you do so. You may or may not be able to file your lawsuit in California, depending upon how long your ex has been living in another state, and where your child was conceived. The process to establish paternity in California, is as follows: file a petition; serve the father; wait 30 days to see if he responds. If the father does not respond, you can then get a paternity judgment against him. That judgment will include provisions for custody and visitation and child support. If the father does respond, he has a right to a paternity test (under certain circumstances) to determine whether he is the biological father. If he is determined to be the biological father, the court will enter a paternity judgment and include provisions for custody, visitation and support. If no, the case will be dismissed. If the father does not ask for a test. The court will find that he is the biological father and a judgment will be issued.