Paternity

Paternity & Legal DNA Testing Attorney – San Jose, CA
 
The argument for representation when it comes to paternity is a powerful one. As it is defined, paternity is fatherhood. Essentially, it is descent on the father’s side. Where the law is concerned, paternity pertains to the legal acknowledgement of parentage between a man and his descendent. The reality of such a case, however, is dependent upon many factors.

This is where the assistance from a paternity attorney in San Jose can be most helpful in avoiding potential pitfalls, such as statute of limitations, “presumption of legitimacy”, paternity determined by estoppel, assignment of child support, visitation rights, and much more. Many of these decisions are based on common law.

Common law is established over time based on precedents that are set by judges, differing from the method whereby laws are established through statutes or the state’s executive branch. Where a husband may be assigned the duties and obligations that come with paternity rights, this is still a rebuttable presumption when there is evidence to the contrary. A marriage annulment, a divorce decree, or legal separation are some of conditions that lead to a formal court ruling as regards putative paternity.

Adding to the certainty that may intrude upon legal precedent are new scientific test results that have themselves resulted in numerous legal tests. Consulting with a San Jose DNA testing lawyer is certainly one way to definitively prove paternity. Even with the clear cut results that can be established through today’s modern biological science, it remains that life’s circumstances are hardly ever as cut and dried.

Consulting with a paternity attorney in San Jose means there is a greater chance of coming through the legal ramifications of the factions that are all fighting for the establishment of paternity. The state of California is no less an arbiter when it comes to support, as all states are struggling to establish their own record of success as regards recouping the expenses through family aid and welfare. A San Jose DNA testing lawyer is one way to establish factual evidence and fighting to protect the father’s rights in paternity may proceed from there.