Legal Question in Family Law in California
Concerning the DCSS, Family Court, and paternity testing in California. I have not asked for child support or started a paternity action against the man that could be the father of my 10 month baby girl. I work full time and do very well financially. He is a self-employed cab driver. I have not seen my Ex in nearly two years and I really do not need a man in my life, but my Ex has been nagging me since her birth, to be in my child's life, take an informal paternity test, formalize a parenting plan through the court, and start visitation. Question: Should I go through the DCCSS or the Family Court, since I am the much higher wage earner? I noticed on the family court papers, that I could tell the court what I believe my Ex�s income is, and they may order child support based on my figures. If I seek paternity through the DCSS, they may just ask for tax returns, and my tax returns would show much higher income than his, but he currently has no time share with her. So I do not know what is the best course of action to start paternity action; start the case through the DCSS or Family Court? Lastly, his time is flexible, I have very limited time for visitation meetings with him, since I work from 9am-8pm M-F, my child is in day care, and not close to my work. Thank you.
2 Answers from Attorneys
The truth of the matter is that DCSS starts a support case if you are receiving welfare benefits. If you are not receiving welfare benefits, you won't be in their system.
My alternative answer is this: you should try to have a formal paternity, custody and visitation order established at this time (without going to DCSS) in order to have these matter resolved in the event of unforeseen problems, for example you become ill and no longer be able to support yourself and your child. I recommend that you consult with a family law attorney and get a paternity determination, a custody order and a visitation/parenting plan established. Its better to take care of these issues before the proverbial something happens. Your child's prospective father may have limited income and resources at this point in time, but things may change for him in a positive way and you would like to make certain that it will be easier rather than harder to get your child what she may be entitled to receive as her father's heir. In one case where I was involved, the estranged father was killed in an industrial accident which meant that his surviving child (with whom he had had no contact for years) was eligible for SSA survivor's benefits on the father's account and insurance settlement because of the accident. Just another perspective.
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