Regarding parenting and the legal recognition of fatherhood, California has specific laws and procedures in place if you’re seeking to establish paternity. You may be in a situation that has brought about questions regarding paternity.
Bruce A. Mandel highlights some of the most common questions about paternity in California and provides answers you can count on.
Common Questions Regarding Paternity In California
Let’s delve into frequently asked questions about paternity in California and provide clear answers.
How Can Paternity Be Established In California?
Establishing parentage in California can be done through several methods, including signing a Voluntary Declaration of Parentage or Paternity, seeking assistance from the local Child Support Agency, or taking legal action through the court system.
The voluntary acknowledgment of paternity is a form signed by both the mother and the alleged father. In contrast, a court-ordered paternity test requires a court order and involves genetic testing.
Established January 1, 2005, if a child is born to registered domestic partners, the law presumes that the domestic partners are the child’s parents.
What Is The Process To Obtain A Paternity Test In California?
California law allows several individuals or organizations to request a paternity order from the court, including the child’s mother, a man who believes he’s the father of the child, a local child support agency, an adoption agency, or the child themselves if they are at least 12 years old.
What Are My Rights As A Legally Recognized Father In California?
If you’re a legally recognized father in California, you can request custody or visitation of your child, regardless of your marital status with the mother. However, you’ll likely have to pay child support if you’re not the custodial parent.
You also have the right to be involved in decisions regarding your child’s welfare, and your name will appear on their birth certificate. In addition, your child can inherit from you and vice versa. However, the court can modify or terminate these rights if it’s in the child’s best interest.
How Does Paternity Affect Child Custody And Support Arrangements?
Paternity has a significant impact on child custody and support. If a father is recognized as the biological father, he may have custody or visitation rights and may need to pay child support. Conversely, the father may not have custody or support obligations without legal recognition.
Paternity tests can be ordered to resolve questions affecting custody and support arrangements. In addition, paternity determines a father’s legal rights and responsibilities regarding his child.
Can A Father Contest Paternity In California?
A legal father in California can contest paternity by filing a Petition to Disestablish Parental Relationship (State Form FL-220) with the court, citing fraud, duress, or mistake of fact.
Quick action is required as there are strict time limits. The man needs to provide evidence, such as DNA test results, that he is not the biological father.
If the petition is granted, the man’s legal relationship with the child ends, and he’s no longer responsible for support. However, the court may still require him to support the child if he has acted as the child’s father and developed a parental relationship.
How Does The Court Determine Paternity In California?
California courts use genetic testing to determine paternity. The court orders DNA samples from the mother, alleged father, and child and will be tested at a court-designated facility.
The DNA samples are analyzed to determine paternity. The court will issue a paternity order confirming the legal relationship and addressing child custody, visitation, and support if paternity is established.
Benefits Of A Paternity Attorney
Having a paternity attorney by your side can provide several benefits. They can provide legal guidance and advice throughout the paternity process, ensuring that you understand your legal rights and obligations.
They can represent you in court proceedings related to paternity, including custody and child support hearings. An attorney can assist in gathering evidence, such as DNA testing, in supporting your paternity case, and they can help expedite the paternity process, potentially leading to a faster resolution.
By entrusting a paternity attorney, your rights as a parent can be safeguarded, ensuring you have a just opportunity to establish paternity and seek custody or visitation of your child. Hiring an experienced attorney can increase the likelihood of a favorable outcome in paternity proceedings.
Entrust Your Paternity Case to California’s Top-Rated Family Law Attorney, Bruce A. Mandel
Establishing paternity in California involves specific laws and procedures that require careful attention to detail. California paternity attorney Bruce A. Mandel can answer common questions you may have.
With the help of Bruce A. Mandel, you can trust that your paternity case will be handled with care and expertise. Contact Bruce today for a private and confidential consultation, and follow him on Facebook for more California family law matters.
