When parents are not married, establishing legal parentage may be necessary before the court can make orders concerning custody, parenting time or child support. Parentage cases can also involve many of the same parenting and financial issues that arise in a divorce involving children.
I represent parents in Berkeley and throughout the Bay Area in California parentage proceedings and related custody, visitation and child support matters.
A parentage proceeding determines a child's legal parents. In some cases, parentage is undisputed. In others, establishing or contesting parentage may require additional legal proceedings.
Once legal parentage has been established, the court can make orders concerning issues such as:
The same basic principles governing custody apply whether or not the parents were married. When parents cannot agree on custody or parenting time, the court determines the arrangement based on the child's best interests.
Parents may need an initial parenting schedule or may disagree about an existing arrangement that no longer works. Changes in a child's age, school schedule, a parent's work or residence, or other circumstances may create a need to modify an existing order.
I represent parents in both negotiated and contested custody matters arising in parentage cases.
Once parentage is established, either parent may seek a child support order. California generally calculates child support under the statewide guideline based on factors that include the parents' incomes and the amount of time the child spends with each parent.
Disputes can arise over income, parenting time and other information used in the calculation. Existing support orders may also need to be modified when circumstances change.
Not every parentage case needs extensive litigation. When parents agree on parentage and can reach reasonable agreements concerning custody and support, many issues can be resolved without a contested hearing.
Other cases require court intervention, particularly when the parties disagree about custody, support or parentage itself.
My approach is to identify the issues that genuinely require litigation and work toward practical agreements on those that do not.