Most people living in California know it is one of the more progressive states in the Union. Lawmakers in the state try to keep the family law in harmony with the changing needs of nontraditional families.
In California, terms such as parentage or parental relationship are interchangeable with paternity. Determining a child’s biological and legal father helps establish paternity in California.
This article talks about California paternity laws. It would help if you spoke to a qualified family law attorney in case of any questions regarding paternity.
What is the Need to Establish Paternity?
Either the courts or the parents themselves can establish paternity. The responsibility of supporting a child lies with the child’s father. In doing so, the father also secures the right to be a part of the child’s life.
Obtaining financial support for the child is the main reason for establishing paternity. The other reason is to acquire custody rights and participate in the child’s life. After determining paternity, the courts can decide on the rights to custody and visitation.
Advantages of Establishing Paternity
Apart from the obvious advantages of financial support, there are many other ways establishing paternity can be beneficial for your child:
- Life and health insurance coverage
- Names of both parents in all legal documents, such as the birth certificate
- Public benefits if the father is a veteran
- Inheritance rights from both parents
- Access to family history and medical records
How Paternity is Established in California, When:
1. Couple is Married
If a couple was married at the time of their child’s birth, the court considers the husband the child’s father unless someone contests the assumed paternity of the husband in the first two years of the baby’s birth.
If a man other than her husband impregnates a woman, he has the right to claim his paternal relationship with the child. You can do so by seeking a paternity test, but only within two years of the child’s birth.
On the other hand, if you, as a husband, question the child’s parentage, you can petition for a paternity test at any time, no matter what age the child is at the time.
Sometimes, in cases where the couple is married and another man is the biological father, courts favor the stability of the marriage over parentage. You may have to accept not being a part of your child’s life despite being the biological father.
2. The couple is not Married.
In cases where a child is born to an unmarried couple, paternity can sometimes become a complex subject. The court presumes that a man living with a woman and the child in a domestic situation akin to a family is the father.
Sometimes, the court’s assumption, based on the responsible actions and commitment of the man, needs to be validated. In that case, the court requires a paternity test to verify parentage and to issue directives for financial support, custody, and visitation.
Regardless of the status of your relationship or living arrangements, you have rights and duties towards the child if you are the biological father.
3. The Man and Woman Agree on Parentage
You can sign a Voluntary Declaration of Paternity form to confirm paternity in California. Both parents must sign it for the declaration to be valid. The document is a declaration by both parents, acknowledging that they are the parents and that the man is the father of their child.
The form is entirely voluntary; you can sign it at the birth in the hospital or even later. A new birth certificate with the father’s name can be issued in case you sign the declaration later in court.
Once the father signs the form and his name is on the birth certificate, he has all the legal, visitation, and custody rights and the financial responsibilities that exist alongside those rights.
This declaration confirms parentage as much as a court order does. You cannot revoke it later and say you are not the father. Consult a trusted family law attorney before signing the form if you are uncertain.
Signing this declaration removes all your rights to dispute parentage in a court later. You will lose the privileges of hiring an attorney, seeking paternity tests, or the chance to present a case in court.
When signing the declaration, if either one of the parents is under 18, the declaration comes into force 60 days after the parent turns 18.
Additional reading: how long does a father have to establish paternity (in California)
Who Can File a Paternity Action in a California Court?
The following people can file a petition for a paternity test in a California court:
- The mother of the child or the unborn child
- The man who considers himself as the father to the child or the unborn child
- An adoption agency
- A child support agency if they suspect neglect
- The child, if aged 12 or older
What Can a California Court Order in a Paternity Suit?
- Child’s financial support
- Child’s health insurance
- Child’s custody
- Visitation
- Court costs
- DNA testing costs
A Stellar Attorney is Needed
Mothers seeking to prove paternity must consult an experienced attorney. Fathers may need legal assistance to establish their parentage. Legally establishing paternity is a complicated process, and you will need a seasoned California paternity attorney to guide you.
