Los Angeles Paternity Action

Generally, where you are served with a Paternity Action, it is advisable to do a response. A consultation with the attorney will determine your best option. If you do wish to respond, you may also want temporary orders to be in effect until the Paternity hearing is scheduled. This would mean that you would also file an Order to Show Cause. Your attorney can advise you as to your best options.

If the parents cannot come to an agreement on issues such as custody, visitation and support, then one parent will file a Paternity Action and serve the other parent. If the other parent does not respond, then a ‘default’ hearing will be set with the courts and only the petitioner will appear. The court date will take about 2 months to schedule. If the other parent does respond, then a court appearance will ensue and the judge will make a decision based on the evidence. It could take 4 to 6 months for a contested paternity hearing to take place. continue reading...

If you can get agreements on issues such as custody, visitation and support of children, then you do not have to go to court for these orders. This can be handled by a ‘stipulated judgment’ in which custody, visitation and support are detailed and agreed upon. This document is signed and notarized by both parents and then filed with the court. With a ‘stipulated judgment’ there would not be a need to go to court.

Court orders will establish paternity (who the father is) when you are not married. Even if you are living together happily, it is important to file a Paternity Action so that the biological father is established legally. Most people seek legal advice for a Paternity Action once a break up occurs as they may wish child support as well as orders for custody and visitation.