How is Paul Staley different from other San Diego paternity attorneys?
Paul Staley is a San Diego paternity attorney who does things differently. You’ll get the sense that he wants to work your case to its conclusion effectively, without unnecessary delay, complication or cost. For him, that’s a win-win for the client and for the attorney. You’ll never have to worry about whether he has “padded” the hours he has billed…because he doesn’t bill his clients.
When do you need to hire a San Diego paternity attorney?
If you’re reading this, you’re probably: (a) a mother who has been frustrated at the difficulty of getting child support from the father of your child without the assistance of a San Diego paternity attorney; (b) a father who has been frustrated in his attempts to develop a relationship with the child he has with the other parent or (c) the grandparents who have been left out in the cold, unable to force an unwilling parent to acknowledge their child’s role as a parent of their grandchild. Either the mother, the father or a grandparent might file a Petition to Establish a Parental Relationship, although grandparent petitioners are rare.
What events lead up to a San Diego paternity attorney filing a case?
A child is born. The mother’s identity is known and recorded, usually at a hospital. It’s pretty hard to conceal her identity;) An official birth record is created by the County and is stored in the State of California’s Department of Vital Statistics database. The father might be present at the birth. He might also sign a VOLUNTARY DECLARATION OF PATERNITY. Either he or the mother might use that document later in Court. If the father is absent, his identity really is unknown or – more deviously, if the mother intends to keep the child from his / father – she might tell the attendants that the father’s identity is “unknown.” Many Petitions are brought by fathers to have their parenthood established, knowing that being found to be the “legal parent” means that they will have ‘standing’ to pursue custody and visitation orders. It also means that they may be liable to pay child support according to California guideline. As a San Diego paternity attorney, Paul Staley helps his client, whether he represents the mother, the father or a grandparent to establish their rights and then enforce those rights.
Can I demand a paternity test?
In most cases a judge will order a paternity test if either parent (or alleged parent) requests one. The requesting party is usually also required to pay the cost of the test. DNA testing technology has come so far that a test can – as of this writing – be had for around $300-$400. A DNA test might be ordered by the Judge even if the parents married after the child was born. But for a child born while the parents were married and where paternity wasn’t questioned by either party prior to the child’s second birthday, California law creates a “conclusive presumption” that the child is a “child of the marriage”, i.e. the parents are the husband and wife. NO DNA TEST for this couple.
Can a paternity attorney help in determining that a man is not the father?
Yes. In a handful of cases over the past twenty years he has been in practice as a San Diego paternity attorney, Paul Staley has had the occasion to represent men wrongfully alleged to be the father. These kinds of cases are unusual but are perhaps the most alarming. In one case, a man was sued by the county because the mother told her social worker that Paul’s (then future) client was the father. In a bizarre twist, the process server outright lied about having served the Summons on the accused man. The poor “father” had no idea this was all going on. He was teaching English in a foreign country at the time he was allegedly served! Several years passed and then the county caught up with him. Paul challenged the county’s judgment against the client and won. In a case that may be more curious yet, a woman had named Paul’s client on the birth certificate as being the father and maintained that story for the child’s entire childhood. The mother refused to accept the result of the county’s DNA testing lab which conclusively showed he wasn’t the father. The county dropped their case against him though, of course. But the idea that this woman stuck with this false story and that somewhere in the basement of the Department of Vital Statistics was a birth certificate which was defamatory really bothered the client. Paul sued to correct the birth record. Another DNA test. Negative. She forced the case to trial. While awaiting trial, her adult children called Paul’s office threatening him and his client. Predictably, she lost at trial. If you are a parent who has a child or children and the other parent is either obstructing your relationship with the children or being uncooperative about child support, San Diego paternity attorney Paul Staley can help. Call to set up a time to meet Paul. Then tell him your story. He’ll listen and help. (619)235-4095.
We're Here For YouCase Evaluation
Unable to call?
Please fill out our case evaluation form