What You Need to Know About Establishing Paternity in California

The term “paternity” refers to who is recognized as a child’s legal father. While this often aligns with who a child’s biological father is, that isn’t always the case. Establishing paternity is the first step in a number of family law procedures, including setting up visitation and pursuing child support. Working with a paternity lawyer in California is a crucial part of doing what is best for your child.

When you’re facing family law issues in California, having the right paternity attorney in California can make a big difference in the outcome of your case. At the Law Office of Taylor B. Warner, APLC, we help you navigate complex issues while protecting your peace. Attorney Taylor B. Warner has built a reputation for steadfast advocacy, developing unique solutions for her clients, and working for her clients’ and their children’s best interests. Call us at 909-466-5575 to schedule a consultation with our paternity law firm now.

What State Law Says

The topic of paternity is covered under California Family Code 7540-7577. There are two main ways to establish paternity: first, you and the other parent can agree to acknowledge the child’s legal parentage. The Voluntary Declaration of Parentage is typically signed at the hospital when a baby is born, but it can be signed later. You can cancel a Voluntary Declaration of Parentage within 60 days if it is inaccurate or if it is signed under duress.

If the father is unwilling to sign a Voluntary Declaration of Parentage or if there are disagreements regarding biological paternity, you can also ask the child to determine parentage. This process typically starts with the court ordering genetic testing. While biological parentage is obviously an important factor in legal paternity, it is not the only factor. The judge will look at a variety of things when determining legal paternity.

Presumed Fatherhood and Special Circumstances

Paternity is assumed if a couple is married at the time a child is born. In this scenario, the father does not have to sign a VDOP or ask the court to determine legal parentage. Typically, when a couple is married at the time of conception, they are both automatically the child’s legal parents. Again, this is regardless of biology.

Some cases are more complex than others. Cases in which legal parentage tends to be more complicated include:

• When there are multiple presumed or potential fathers
• Same-sex parents
• Fathers who discover possible paternity years after the fact
• Surrogacy cases

The Importance of Establishing Paternity

Establishing parentage with the help of a paternity lawyer is a crucial part of providing for your child. When a child has both legal parents listed on their birth certificate, they get access to financial support, may be entitled to inheritances on either side of their family, and may access benefits like health insurance and veterans’ benefits. Knowing both parents is also a crucial part of keeping a child healthy. When you know a child’s health background on both sides of the family, you can get them the screenings and interventions they need to thrive.

When a mother seeks to establish paternity, it can help her access much-needed financial support. Determining a child’s legal father is typically the first step in securing a child support order, which ensures that a child is fairly supported by both parents. Legally establishing paternity can also provide clarity for a mother who wants to relocate or make important decisions on her child’s behalf.

When a father takes steps to establish paternity, it gives them the chance to assert their legal rights to parenting time and visitation. They may also seek legal custody, which allows them to make decisions about their child’s medical care, education, and upbringing.

Disputing or Rescinding Paternity

There are cases where you need to dispute or rescind claims of paternity. If you sign a Voluntary Declaration of Paternity, you typically only have 60 days to withdraw it. Beyond that, you may only dispute it if you were the victim of fraud or signed under duress. DNA testing proving that you are not a child’s biological father may allow you to rescind paternity, but only in certain cases. While biology is part of the determination, the court can also name a non-biologically related individual as a child’s parent.

These cases are extremely emotionally and legally complex, and getting the proper guidance early on can help you protect your rights. Working with a paternity law firm from the beginning is highly recommended.

Learn More About Paternity With the Law Office of Taylor B. Warner

Whether you want to establish or rescind paternity, talking to a paternity lawyer is your first step. Set up a consultation with a family law firm now by calling us at 909-466-5575 or connecting with us online.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.