Lawyer or Pro se for paternity?

[chardog]

I'm in california, and contacted a lawyer;  she was honest and told me to do it myself and save the 3k retainer.  she said it was easy to do.  

Does anyone know what forms to fill or should I find an attorney to handle paternity?

My son lives 3 days out of the week and I need paternity resolved, since mom wont sign anything.  She's also going after support soon, and I dont want to be left stranded and dry.

[Cookiemomma4]

Well, are you married or where you married to mom?  If you weren't, it can be as simple as you filing for support first.  This not only looks good for you that you are willing to stand up and do the right thing if you would in fact owe her support (which you may not because of the time he spends with you but they can at least get insurance issues and things in writing for you!), but the state will also confirm paternity if it has not been declared and it is in question.  If this is the case, call your local enforcement office (we call it Domestic Relations here in PA) and check on what their procedure is.   If this is not your situation, please give us a little more info and I am sure some folks here will be able to help you out!  

[dancurry]

Funny how those women attorny's always advise guys to "Do it Yourself".


You need to prepare the following forms.

Petition to Establish Parental Relationship. FL-200
http://www.courtinfo.ca.gov/forms/fillable/fl200.pdf

Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. FL-105
http://www.courtinfo.ca.gov/forms/fillable/fl105.pdf

a Summons FL-210
http://www.courtinfo.ca.gov/forms/fillable/fl210.pdf

Proof of Service Summons FL-115
http://www.courtinfo.ca.gov/forms/fillable/fl115.pdf


You may as well include the Income and Expense because DCSS witll be looking to determine how much support you are going to be ordered to pay.

Income and Expense Declaration FL-150
http://www.courtinfo.ca.gov/forms/fillable/fl150.pdf


You can do this by yourself. Most certainly. However, if you expect the mother to be cut-thoat, then I would gladly pay an attorney, just not the one you mentioned because it sounds like she'd prefer you get reamed by the system.


After you have completed them, Sign them then make 3 additional copies.

the Mother will have to be personally served and the Proof of service will need to be filed.

You'll also need to know when to set it for calendar, though the clerk should be able to help you with that.


Good Luck.

[chardog]

wow, great links!  I had looked into this matter on a search, and filled out few of those forms;

btw, the mother will NOT grant me paternity;  we were not married, but did live together till 5/06;  I spoke with one attorney and he told me child support will be very minimal due to the fact I pay for my son's child care.

do I need to go to a ffc or just the local courthouse?  I'm pretty new to this and hit me like a ton of bricks when served with child support papers from DCSS, especially with my son being with me most of the time, till recently.

I'll do my best to keep updated

[Cookiemomma4]

If she wants child support she has no choice or you can get it determined by legal means (which generally means getting a court order for paternity testing which most states will do for free if you are filing for a support order and there is no paternity established).  
Also, I do hope that you are paying for child care with something traceable and not cash!  
Keep in mind that if she doesn't want paternity established and you don't force the issue by taking legal action you have no rights to your child.  

[chardog]

yes, I am very careful, thanks to this site!  I've done a lot of reading, and kept a lot of records.  Child care  is paid strictly through check!

I will head to the local courthouse and file paternity today.  I am getting the summons soon, on behalf of the county.

[dancurry]

You might want to check the court records before you file. Sometimes a Child Support action has been filed and you must file your action on the same case number as the support action..

[chardog]

yes it has been filed.  another thing, how do I check if I have paternity rights already?  I have the birth cert, and has BM's sig, another person witness(same date), and county clerk (different date)

I do recall the signing, but how would I check paternity?

I called the hospital and they were unsure about the laws and records

my name is on the birth certificate

[dancurry]

Well, usually, the hospital has you sign a Declaration of Paternaty. If you signed it, you are recognized as the father. Also, if the CS Department has started a case, they would have to have some reason to seek you. Either a copy of the birth certificate or a statement from the mother. However, until you file a Petition to establish, you are only recognized as a party obligated to support that child. The Petition allows you to exercize your right to Custody and Visitation, without it, and prior to its filing, you are just a wallet.

 

[chardog]

Thanks for your help!  I called the Paternity Opportunity Program (POP) and requested paternity info.  They are sending me a form, in which I will need to complete and send back for paternity status.  Hopefully this will not take a long time.

it would be nice if there was a printable form