A court order determining that a man is the father of a child may occur in different ways:

(1) A district attorney may sue the man to reimburse the county for welfare payments made on behalf of the child, and in such an action the court will determine paternity;

(2) A district attorney may sue the man for child support at the request of the mother even if she is not on welfare, and again the court will determine paternity;

(3) Either parent may obtain a "domestic violence" restraining order, and the court may make custody and visitation orders in that case, involving at least in some cases a determination of paternity;

(4) A woman may file a paternity action to establish that a man is the father of her child;

(5) A man may file an action to enforce his rights to visitation, or even to custody, and if he is not married to the mother his rights will depend upon the court determining that he is the father of the child. I represent both men and women in paternity actions, and I will be happy to discuss your situation with you and explain any rights and obligations you may have. I will also discuss with you the potential cost of legal representation. A paternity action (and some other actions which include a determination of paternity) involves several separate and distinct matters:

(a) A court determination of the existence (or not) of a parent and child relationship.

(b) Child support is almost always payable by one parent to the other. Usually the parent who provides the child's primary home receives child support from the other parent. The amount depends on the relative financial circumstances of the parents, the amount of time the child
spends with each parent, the number of children each parent has from other relationships, and other factors. The amount and duration of child support is fixed by statute (and computer programs) and the trial judge has very little discretion to vary from the statutory child support guidelines which have been fixed by the state legislature. Child support is payable until the child reaches 18 years; after that, child support continues if the child is still in high school until he or she graduates, quits, or reaches 19 years of age. When the supporting parent dies, his or her obligation to pay child support continues and his or her estate can be required to continue making the payments.

(c) Child custody and visitation. Unless the parents agree on custody and visitation, they are required by law to attend orientation and mediation sessions at Family Court Services, an agency which is an adjunct of the family court. Discord between the parents creates very
serious problems for their children, and it is therefore the goal of California's family law to help the parents minimize the impact of their separation and divorce on the children by helping them work together as parents even while they are disagreeing on everything else. The law
assumes that the child is best served by spending a lot of time with each parent; that means substantial "visitation" time with the parent who does not have primary physical custody. [There is an obvious exception, of course, if one parent is seriously abusing a child, sexually or otherwise.]

(d) Attorney fees and other litigation costs. There are various situations in which a parent may be required to pay attorney fees of the other parent or for an attorney appointed for the child, including where the other parent is required to go back to court to enforce a support order. Also, if the court believes that one parent has not acted in good faith, the court may order that parent to pay attorney fees to the other parent as a sanction or punishment even if he or she does not have greater financial resources.