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Disadvantage by Nature for Men on Paternity

Men are clearly at a disadvantage when it comes to paternity cases because without a DNA test it cannot be conclusively shown whether or not they are really the father of the child. When told that they are going to be a father the initial excitement may lead the alleged father to happily accept his role as father without considering whether or not they really are the biological father. Here at Sagaria Law, P.C., many of our San Jose Paternity Lawyer, work to establish Parental Rights for mothers and fathers.

If the alleged father has no reason to doubt paternity while the child is still an infant he my even agree to a judgment of paternity establishing him as the father. Unfortunately in many cases it is not until the child is older that the alleged father begins to suspect he is not the biological father because of a lack of family resemblance or information passed on from friends.

If a judgment of paternity is entered then the alleged father has a limited amount of time to set aside the order of paternity. Family Code Section 7646(a)(a) states that the motion for set aside should be brought within “a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child.” If the paternity judgment is not set aside the alleged father could end up paying child support to support a child that is not his until that child reaches majority. It is crucial to have a DNA test early if there could be any doubt about paternity.

At Sagaria Law, P.C., we can help you in family law matters relating to divorce, child custody, child support, alimony, legal separation, grandparent visitation, adoption, division of property, paternity, and domestic violence. To schedule your free consultation, Contact Sagaria Law, P.C. today. We represent clients in San Jose, Monterey, Fremont, Carmel, Berkeley, Oakland, Los Gatos, Palo Alto, Foster City, Morgan Hill, and other cities in Monterey County, Santa Clara County, and Alameda County.

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