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A paternity case rarely exists in a vacuum. It is not just about getting a DNA test and a judgment. More often, it is the foundational legal step that is required before a court can address a host of other complex family law issues. It is the "key" that unlocks the courthouse door. Understanding how a paternity action intersects with custody, support, and even domestic violence is critical. This is why you need a comprehensive firm like JOS Family Law, which has experience with these complex, overlapping cases.
The most direct and immediate link is to child custody. A judge has no legal authority (jurisdiction) to make a custody or visitation order for a child until the court knows who the legal parents are. The paternity petition and the "Request for Order" for custody are almost always filed together. The paternity judgment is the legal foundation upon which the entire parenting plan is built. You cannot have one without the other. This is the primary reason fathers file for paternity—to gain the legal standing to fight for their right to custody and visitation.
The second direct link is to child support. Just as with custody, a court cannot order a man to pay child support until he is the legal father. This is why state child support services agencies file thousands of paternity cases every year. It is the necessary first step before they can get a support order and begin collections. The paternity judgment establishes the legal obligation, and the subsequent custody order (which determines the time-share) provides the data needed to calculate the support amount.
A more serious and dangerous intersection is with domestic violence. A paternity case can be filed at the same time as a request for a Domestic Violence Restraining Order (DVRO). This complicates matters significantly. If a DVRO is granted against a father, it creates a legal "presumption" that giving that father joint custody would be detrimental to the child's best interest. A father could "win" his paternity case, be declared the legal father, and in the next breath be ordered to have only supervised (or no) visitation with his child due to the DVRO. This is why you need a paternity lawyer in Orange County who can navigate both issues simultaneously.
Finally, paternity rights are a critical factor in adoption and guardianship cases. If a mother has a new husband who wishes to complete a stepparent adoption, the biological father's rights must first be legally terminated. If a father has never established paternity—if he is not a "legal" or "presumed" father—it is far easier for a court to terminate his rights. This is why attorneys will advise a father to establish his paternity immediately, even if the relationship is amicable. It is a legal shield that protects his relationship from being severed by a future adoption case.
A paternity case is a foundational legal block. It is rarely the only issue. It is the first step in a chain of legal events that will define your rights, your obligations, and your family's future.
To get expert advice on a complex case that involves more than just paternity, contact the professionals at JOS Family Law.