If you are seeking counsel in the San Jose, Santa Clara County, California area concerning a parental relationship (paternity) matter, Ernest can help.

A parental relationship (paternity) case arises most often when a child or children are involved in a family where the parents were never married or domestic partners. One or both parents want a court judgment that establishes who the mother and father are and what their respective rights and responsibilities are with regard to custody, visitation, and child support.

The first step in bringing such a case to court is file the appropriate petition, perhaps a motion seeking custody, visitation, and child support (and/or other issues), and serve the responding party with the court papers. Frequently the parents do agree on the paternity issue, but, when they do not, the court can order the parents and children to take a DNA test to determine the parental relationship.

If the parents agree on the issues of custody and visitation, they can make an agreement outside court on their own or with the assistance of an attorney, or they can go to mediation at court to get the assistance of a trained family court mediator. The courts will require the parents to attend mediation if they do not agree on custody and visitation and if there is never an agreement there may be a trial held at some point where the judge will make the final decision about these matters. It is nearly always better to reach an agreement, as it is very costly and time-consuming to go to court, particularly if there are attorneys involved on both sides. Of course, if one side has an attorney both sides probably should have attorneys, because if you are representing yourself against an experienced family law attorney you are at a tremendous disadvantage in the court system.

Knowing what to do and how to handle the process of establishing a parental relationship is information Ernest can provide you if you get in contact with us. There is a lot of information you should know and we will provide you sound legal advice so you can determine the best way to deal with your former partner or spouse in regard to your child or children.

Our goal is to work toward a fair resolution of your concerns, with a very responsive, compassionate and competent approach to the process, whether in court or negotiated outside court. We are as aggressive as necessary but we have a firm commitment not to over-litigate our clients' cases and do as much as possible to seek an early, equitable conclusion in all matters.

Contact us online or Call Us at (408) 279-1100 for a free phone consultation to discuss matters concerning a parental relationship (paternity).