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20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

Beating the Paternity Blues

Posted on in Paternity

California paternity lawyer, California mediation attorneyA presumed biological father is married to the mother at the time of the child's birth. For many families who have alternate circumstances, establishing paternity becomes a necessity later in life. The most common event requiring a biological link is if the two parents separate. Without definitive parentage, issues arise regarding visitation and custody schedules, as well as financial support arrangements. The process to create a court-recognized parental line can be quickly completed. However, this process can also become difficult and drawn-out without cooperation and preparation.

The Hard Way

When choosing which news to receive first, 75 percent of Americans prefer to hear the bad news first. Armed with this fun fact, let us discuss the hard way of establishing parentage. Typically, parentage cases are complicated only when one side is making a dispute. In cases such as these, it may become necessary to go before a judge. Often the judge creates an order for a DNA test to determine the truth of the matter. There are many reasons to keep the issues away from the courts, including:

  • Loss of privacy because all matters become public knowledge through court records,
  • Additional court fees for appearance before a judge,
  • Several hundreds of dollars for DNA testing at a court-ordered facility, and
  • No options in the outcome.

The Alternative Dispute Resolution Way

Although it seems that we have lost what little privacy we have left through the usage of social media, when it comes to legal matters, many of us still choose to keep those secrets close to home. There is an alternate method that maintains your privacy and additionally reduces costs. This option of establishing paternity is known as mediation. There are many benefits to resolving paternity issues with the assistance of a mediator, including:

  • Less hostility throughout the process,
  • More privacy,
  • Option to choose where to have DNA testing completed,
  • Cost effective,
  • Faster results, and
  • Maintenance of power over the outcome.

Mediation is a method that provides both parties with ample benefits, including enabling the parties to reach an agreement that meets their personalized needs. The court-alternative is having a judge determine the outcome based on strict legal authority, disabling any opportunity to reach outside the box to create a solution beneficial for both parties. In some cases, having a judge step-in is the only solution, but for those who have the cooperation of the suspected father, paternity may be established quickly and efficiently using mediation.

If you are interested in discussing your options with a lawyer who will listen to your unique situation and help you find the best solution, contact a San Jose, CA mediation attorney, located in Los Gatos, by calling the Law Offices of Benita Ventresca today at 408-395-8822 to set up your risk-free initial consultation.

 

Sources:

http://www.courts.ca.gov/selfhelp-parentage.htm?print=1

http://news.nationalgeographic.com/news/2013/11/131115-good-news-bad-news-diagnosis-doctors-psychology-science/

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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