2. Paternity Process
Preliminary Hearing
The first step in a paternity case is the preliminary hearing. This is typically a one hour hearing where the court will determine if the parties agree to paternity or wish to request DNA testing. If the parties agree to paternity, the Court will typically issue a temporary order for custody, child support, and parenting time. It is important to know this is not the final order and will likely be modified by the Court at a later date. It is also important to remember that this is a quick hearing where the parents are often the only people able to testify. The final hearing is the hearing where you will be able to have more witnesses and fully present your case.
Discovery
The second step in a paternity case is discovery where we gather evidence necessary to present your case. This can be from assembling your own information, requesting information from the other party, or even going out and getting doctor and school records from third parties. It is important to collect this information so are best able to present your case in Court.
Review hearings
Sometimes the Court may hold review hearings in a party case. One typical time you see a review hearing is after the DNA testing is complete. The Court will hold a review hearing to review the DNA test results so it can then issue temporary custody orders and get parenting time started. The Court may also hold review hearings if there are other parenting issues that need addressed by the Court.
Parenting Class
You will have to take a co-parenting class before the Court will issue final orders in a paternity case. You can take the program online through the following link: https://www.onlineparentingprograms.com/. We recommend that you set some time aside and take this class early in your case.
Mediation
Most Courts will require that you attend mediation prior to a final hearing in your case. Mediation is where the parties meet with a third party that will go between the two parties and see if an agreement on any issues can be reached. It is important to know that you will be in a separate room from the other party and the mediator will go between the rooms to learn about your family and offer solutions to contested issues. We always recommend going into mediation with an open mind because settlement through mediation is possible, even if the opposing party is difficult and seems unwilling to make any confessions.
Final Hearing
The last step in a paternity case is the final hearing. This is typically a half to full day hearing where the judge will hear evidence as to your case and make a final determination on what will happen with custody, child support, and parenting time. This is where you have an opportunity to present multiple witnesses on your behalf as well as evidence to support your case.