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Paternity for an unmarried father can only be proven through DNA testing or through a Paternity Affidavit. However, unless paternity is established, a father cannot seek custody rights in the form of a Parenting Plan. If Paternity has not yet been established, the father can either submit to a paternity test or it can be ordered by the court.

A married man is the legally presumed father when a child is conceived during the marriage even if he may not be the biological father of the child. This presumption may be rebutted by DNA testing, however most courts require that an attempt to disprove paternity be initiated within a reasonable period of time after the birth of the child.

It Is Important That You Protect Your Parental Rights

At the Law Office of Tracy Y. Toledo we can assist you in filing and/or defending against a paternity action. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help.

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