For unmarried parents, a paternity action is the vehicle to obtain custody and visitation rights to their children. In a paternity action, the court will determine whether a party is a parent to the subject child as well as any custody/visitation order and financial support for that child. Child support is based upon each parent’s income and the amount of time the parent spends with the child. California Department of Child Support Services (DCSS), can help a parent obtain a child support order against the other parent, but the DCSS does not litigate the custody aspect of a paternity action.
As to the issue of child custody, the court will have to decide how the parents will share the legal and physical custody of the child. Legal custody is the right to make decisions pertaining to the child’s welfare, education, religion, medical and/or extracurricular activities. Unlike a divorce action, the court will not be deciding how the parties will divide their assets or debts, even if the parties have been living together for years. However, just as one can obtain a divorce judgment, the parties in a paternity action can also obtain a judgment which addresses all issues pertaining to the subject child(ren).
Our law office has been prosecuting and defending numerous paternity actions for South Bay residents as well as individuals in the counties of Orange, Los Angeles and San Diego. We help our clients establish their rights as parents, obtain and collect child support, and strengthen their relationship with the children.