Justia Lawyer Rating
BBB Rating A+
Top Rated
Lead Counsel Rated
Yelp badge
Avvo Rating
Super Lawyers
30 Years badge
ABA
CNN Money
NBC
Reginal Chamber
Best Business of 2022 - ThreeBest Rated badge

How Is the Parenting Plan Established in a Paternity Case?

In a paternity case, the parenting plan must be first established by a judgment of paternity. This is one of the last gender-biased issues in the law. As, when a father is not married to the mother at time of birth or conception, the father can have no legal rights. This can lead to severe consequences. You can get a judgment of paternity by what's called a voluntary declaration of paternity, such as those that are signed in the hospital or on a birth certificate. If there is no voluntary declaration of paternity, and no judgment of paternity, then you need to file a complaint to establish a paternal relationship. Either parent can ask for a DNA test and either parent can ask for a separate trial as to the parentage issue. In addition, the parenting plan, once the parentage has been established, is decided in California by mediation. California is a mandatory mediation state and San Diego, as opposed to Orange County, is a recommending county. What this means is that the parents meet with a licensed clinical social worker hired by the courts to try to get parents to reach agreements. If the parents reach an agreement, the mediator writes up the agreement. If the parents don't reach an agreement, then the mediator gives a copy of the written report to both parents and a copy to the judge. The judge follows the mediator's report the majority of the time. So it's very important to be completely prepared for your mediation and our law office can help you with that.

Client Reviews
★★★★★
Dear Roy, I would like to thank you and all team members as well as office staff for helping me defend in this case. It has been a difficult time for me during the last couple of weeks, and now because of this success result, I am able to move forward with my new chapter of life, even a little late at this age!!! Again with much appreciation, I wish you all to continue to do the same with a big heart as it was with me, in helping those who are in need of your professional services. W.
★★★★★
Thank you for your time and energy on this case, you took so much of the worry away from me! I appreciate all of your help. I will use and recommend you to other in the future. T.S.
★★★★★
I want to take this time to thank you and your staff for an outstanding job with my case to terminate spousal, you are an excellent attorney Roy, and your staff is very professional and considerate to my questions and concerns of my case. Thank you very much again. T.Y.
★★★★★
I wanted to say how much I appreciate your help and advice in regards to my name change. Your assistance during this time has been invaluable. Thank you again. M.J.