Legal Question in Family Law in California
DNA paternity testing either through the Family Courts or DCSS, who pays by law?
If the alleged father is the Petitioner, of the paternity case, will the alleged father by law, upon finding of paternity be required to pay 100 percent attorney fees for the mother (if she retains a lawyer) if the father is proven through the courts or DCSS to be the father?
Alleged father will ask the court for joint legal custody and visitation upon finding of paternity.
And does it matter if the mother has much greater income than the alleged father, in regards to who should pay court filing costs & the DNA costs, if it is done either through the DCSS or Family Court?
Can the Family Courts order both to pay jointly? Thank you.
1 Answer from Attorneys
If the Department of Child Support Services performs the test, normally there is no charge to either named parent. If the court orders the named parents to get DNA testing, there may be fees of several hundreds of dollars to have the testing done. The court will NOT accept private DNA testing as evidence in a paternity case unless the test has been ordered by the court.
If the court orders DNA testing, it will provide the named parents with the information they need to get the tests done. The court will not accept DNA tests done at home or in a private medical facility.
You should be made aware of Family Code section 7640, which governs attorney's fees in parentage actions. The courts of appeal have interpreted that section broadly, and have upheld large fee awards for custody and visitation disputes after paternity has been established.
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