Establishing paternity, known as parentage in California, is usually done to prove or disprove the identity of a father and sometimes a mother. There are a number of reasons people want to establish parentage. For example, if a child’s mother is seeking child support from the child’s father, she might have to determine parentage first. Or, if a father wants to spend time with his child, he might have to establish parentage before a court issues a custody order.
In most cases, parentage is not required to be established if the parents were married when the child was conceived. Under those circumstances, the presumption is that the spouses are the parents of the child. When a child’s parents were not married at the time of conception, California courts require parentage to be established before issuing child support and child custody orders. If you need to establish parentage in California, there are several crucial steps to take.
Reasons For Legally Establishing Parentage
One or both parents might want to establish parentage legally. Several reasons to determine paternity include:
- Establishing child custody rights and obligations
- Determining child support rights and obligations
- Proving that you are or are not the child’s biological parent
- Adding your name to the child’s birth certificate
- Establishing parental and familial relationships with the child
- Learning about both sides of the child’s family medical history
- Adding the child to one parent’s medical insurance policy
Determine How You Will Establish Paternity
The steps you take to establish paternity depends on your particular circumstances. As mentioned above, if a couple was married when the child was born, California courts presume that both spouses are the parents. The same is true if you have a registered domestic partnership.
If you were not married or in a registered domestic partnership, there might be steps you need to take to establish parentage. If parentage is uncontested between both parents, you may both sign a voluntary declaration of paternity or parentage. If paternity is contested, you will need to get a court order to establish parentage.
Voluntary Declaration Of Paternity Or Parentage
Establishing parentage through a voluntary declaration is a relatively simple process. Most importantly, no one can force someone to sign the form because, as the name indicates, signing it must be voluntary. The declaration is a court form that can be signed anytime.
Parents can sign the form at the hospital or any time thereafter, so long as it is signed at a state public agency or with a notary. Once both parties have voluntarily signed the form, they must file it with the Department of California Child Support Services. When the form is on file, both parties are legally recognized as the parents of the child.
Court Ordered Parentage
There are more steps to take when it comes to contested parentage. Establishing parentage of a biological parent through a court order requires genetic testing to prove that one party is the child’s parent. If the dispute involves parentage allegations with a non-biological parent, a Petition to Establish a Parental Relationship can be filed with the court asking the judge to establish paternity.
When parentage is disputed, the law and the legal process can be very complicated. In some cases, the court can establish a non-biological parent. There is a lot on the line when parentage is disputed, and the matter is left to the court to decide. If you have a parentage dispute, a paternity attorney can help protect your rights and interests.
How A Family Law Attorney Can Help
Whether you are disputing parentage or alleging paternity, a family law attorney will be a strong advocate for your rights. In complex paternity cases, your child support, custody, and visitation rights and obligations are at stake. An attorney will review the facts and allegations in your case, go over the ways that you will be impacted by the court’s decision, and discuss how to proceed in the manner that best protects your rights.
Contact A California Family Law Attorney To Establish Paternity
If you need help establishing paternity, California family law attorney Bruce A. Mandel can help. He understands the importance of establishing parentage in child support and child custody matters. He has represented clients in paternity and other family law matters for more than 30 years.
Contact Bruce at 424-250-9130 or fill out an online form for a FREE consultation to discuss your family law matter. Follow him on Facebook to learn more about his law firm and practice areas.
