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San Jose Paternity Attorney

Representing Mothers & Fathers in Santa Clara County

The subject of establishing parentage / paternity can be incredibly sensitive when you are single and not married to the other parent of the child. Whether you are asking the parent of your child to take a paternity test or you have been told that you will have a child but you are not sure the child is yours, it is important that you consult a Santa Clara County family law attorney.

A San Jose paternity lawyer at Magdalena Law Group can assist you with the legal process of establishing or disputing paternity. Once paternity is legally confirmed and established, we can assist clients with creating child support and child custody/visitation orders. Whatever your individual circumstances may be, we can personally guide you through the process and protect your rights along the way.

Start with an initial consultation in person by calling our office today at (408) 601-4439

How to Establish Paternity in California

When a married couple has a child, the husband of the mother is presumed to be the child's father. In this scenario, paternity is automatically established and is rarely disputed. If a man is living in a household with a woman and a child and acts as the child's father, then the man can be presumed to be the father of the child under California law. This is true even if the man is not the biological father of the child. In situations where a baby is born out of wedlock, establishing paternity may require additional legal steps.

A few of the ways to establish paternity include:

  • A court order established by a judge (who may order DNA testing)
  • Voluntarily signing a Voluntary Declaration of Paternity

If a paternity case ends up in court and the father refuses to cooperate with genetic testing, the judge may declare him to be the father by default.

Reasons for Establishing Paternity

The relationship between a father and a child is very important. A healthy father-child relationship can provide strong emotional support for the child and allow the child to benefit from health insurance, child support, and other benefits through the father. Learn more about establishing paternity when you talk to one of our family lawyers in San Jose. We handle each case with the utmost discretion and professionalism to ensure your privacy.

Why Choose Magdalena Law Group

  • Led by a Certified Family Law Specialist

  • Experienced Courtroom Litigators on Your Side

  • Effective, Caring & Innovative Counsel

  • Multi-Lingual Legal Services Offered

Hear from Our Former Clients

  • “Not only did she fix the paperwork mess, but also found the solution to get money out of my ex without prolonging the procedures and charging an arm and a leg for it.”

    Divorce Client

  • “She even understands what particular judges are looking for and their quirks and pet peeves involving cases.”


  • “Towards the end changes in my life threw my case a few curve balls but she stayed patient with me and won my case.”


  • “I am pleasantly surprised that Magdalena finalized my divorce so fast. ”

    Former Client

  • “ It was very helpful to me knowing she is seeing me not as one more case in her carrier, but a person who is dealing with a complicated problem.”

    Former Client