There are often 3 goals in a paternity case:

• Determination of Parentage: This can be agreed upon, or, when there is a disagreement, DNA testing can be conducted to determine parentage;

• Establishing a Parenting Schedule (and other terms relating to decision making, transportation, communication); and

• Establishing Support Orders: This may include provisions for child support, payment of insurance and uncovered medical expenses, payment of child care and extracurricular expenses, and addressing tax issues.

A Paternity action starts with an initial consultation – either by phone, Zoom or in person. Here, we will learn about your situation and help you decide on next steps.

We will discuss whether your matter may be resolved through a non-contested process, or whether the situation requires a more aggressive, contested approach.

After that call/meeting, we will send our representation agreement that outlines the scope of our work and costs involved.

Click here to get in touch.

When an agreement cannot be reached, a contested court case may be needed. That process begins with the filing of a Petition and financial statements with the court. The court will then issue a “summons.” This is the document that will be delivered to the other party to inform him or her of the commencement of the case.

Assuming both sides have information sufficient to evaluate settlement options, settlement proposals are typically discussed. In other cases, more information must be gathered (see “discovery” below).

When parties reach an agreement, settlement documents are prepared and the Paternity Judgment is submitted to the court for the judge’s review - and signature upon approval.

If an agreement cannot be reached, then the case will be set for a Settlement Conference with the judge to discuss any disputed items with the hope of working towards a resolution.

Throughout your case, the attorneys will be working to gather information (a process called “discovery”) to help them analyze settlement options, and if necessary, to prepare the case for trial. This can be done informally (i.e. through phone calls to opposing counsel to request account statements) or it can be more formal and might involve:

• Interrogatories: Relevant, written questions that must be answered, under oath.

• Production of Documents: A request for relevant documents/statement.

• Depositions: This is where the attorney asks questions of a person (either a witness or another party in the case). The witness provides his or her answers under oath. A court reporter makes a transcript of the questions and answers. Often depositions take place in an attorney’s office with the parties, attorneys and the court reporter present. The information obtained in a deposition can then be used to conduct further discovery and as evidence at trial.

• Subpoenas for Documents: This is where formal requests are made for relevant documents, such as bank, retirement or employment records or other documents relating to custody issues.

Depending on the judge, if a case is not settled at the first conference, the case may be set for additional conferences to give all parties a chance to work on unresolved issues. Keep in mind, the ultimate goal of the court process is to help parties reach a resolution. If the parties are unable to reach a resolution on their own after a number of settlement conferences with the judge, the judge will set the case for trial.

A trial is a meeting of the parties, the attorneys and the judge where information is presented and the judge makes a decision regarding all matters in the case. The information is presented through witnesses who answer questions posed by the attorneys (and sometimes, the judge). Both parties will generally testify (answer questions under oath). Other witnesses with relevant information may also be required to testify. These witnesses could include other family members, childcare providers, vocational experts, CPAs and child psychologists, just to name a few.

After the evidence is presented to the court, the judge will prepare a Paternity Judgment that outlines his or her decision. The timing of the judgment is up to the judge. In some situations it can take many months following the trial before a judgment is entered. Even after the judgment has been entered, the process will continue until all post-trial matters are complete.

We want our clients to talk with us without worrying about the cost. As an exclusive benefit to our current clients, a certain number calls (as described in the Representation Agreement) scheduled through Direct Connect are free of charge.