Legal Question in Family Law in California
My ex-girlfriend opened a case with the local DCSS and I have been served papers by them to establish paternity. I want genetic testing or a paternity trial to prove paternity (instead of blindly signing a declaration of paternity). Obviously not having legally established parenting time would affect my support payments (if I proven to be the father) and I do not want that to happen. Is there a family code or statue for immediately petitioning the family court for custody visitation so I don't get stuck paying for child support and waiting months for an appropriate legal parenting time with the child (if I am proven to be the father)? How long is typical gap of time between being ordered to pay child support through the DCSS and legally establishing custody and visitation through the courts to determine appropriate support payments? What's a good course of action?
Thank you.
3 Answers from Attorneys
Do the DNA testing as soon as you can to determine if you are the father.
Ms. Kock is right. You can get the genetic testing faster than you could get into court and get a temporary custody order. Focus on that. Then, if you are the father, you can go in for an order shortening time to obtain a temporary custody and visitation order.
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