Paternity and Parental Rights in California
Establishing paternity is a crucial step in securing parental rights and responsibilities under California law. Whether you are a mother seeking child support or a father wanting custody or visitation rights, legally determining paternity is the foundation for parental involvement. Below, we outline the legal process for establishing paternity in California and explain how it affects parental rights, child support, and custody. For assistance as a parent with parent and parental rights in Los Angeles or the San Gabriel Valley, contact Blasser Law to visit with one of our knowledgeable and experienced Claremont parental rights attorneys.
What Is Paternity?
Paternity refers to the legal recognition of a man as a child’s father. In California, when parents are married at the time of a child’s birth, the husband is automatically presumed to be the legal father. However, when parents are unmarried, paternity must be legally established before a father has enforceable parental rights or obligations.
How to Establish Paternity in California
There are two primary ways to establish legal paternity in California:
1. Voluntary Declaration of Parentage (VDOP)
The simplest and most common way to establish paternity is through a Voluntary Declaration of Parentage (VDOP). This is a legal document that both parents sign to acknowledge the man as the child’s legal father. Signing a VDOP has the same legal effect as a court order establishing paternity.
The VDOP can be signed at the hospital when the child is born or later at designated agencies such as local child support offices or county vital records offices. Once filed with the California Department of Child Support Services, the father’s name is added to the birth certificate. A VDOP can be rescinded within 60 days of signing, but after that, challenging paternity requires a court proceeding.
2. Court-Ordered Paternity
If paternity is disputed or a voluntary declaration is not signed, either parent (or certain state agencies) can file a petition with the California Superior Court to establish paternity. If paternity is contested, the court may order genetic testing. DNA tests are highly accurate and can definitively confirm biological fatherhood. If the test confirms paternity or if the court otherwise determines the man to be the father, a paternity judgment is issued, legally recognizing him as the child’s father.
Implications of Establishing Paternity
Once paternity is established, it has significant legal and financial consequences for each of the parents as well as the child.
Parental Rights and Responsibilities
Establishing paternity grants the father legal parental rights, including the ability to seek custody and visitation. Without legal paternity, a father has no automatic right to be involved in the child’s upbringing. Once paternity is determined, however, the father can request custody or visitation rights. The court will evaluate what is in the child’s best interests, considering factors such as the parents’ relationship with the child, stability, and ability to provide a safe environment. A legally recognized father may also have the right to participate in important decisions regarding the child’s education, medical care, and general welfare.
A legal father is financially responsible for the child, meaning he may be required to pay child support if he is not the custodial parent. In making child support determinations, California’s child support guidelines consider factors such as each parent’s income, the amount of time the child spends with each parent, and the child’s needs, including healthcare, education, and daily expenses. Failing to pay court-ordered child support can result in serious legal consequences, including wage garnishment, suspension of driver’s licenses, and other penalties.
Benefits for the Child
Legally establishing paternity provides important benefits for the child, including:
- Access to financial support from both parents
- Inheritance rights from the father
- Medical history information that can be vital for healthcare decisions
- Social Security, veteran’s benefits, or health insurance through the father
Challenging or Disputing Paternity
In some cases, a presumed or legally recognized father may wish to dispute paternity. This typically requires filing a motion with the court and presenting evidence, such as DNA test results, proving that he is not the biological father. However, strict deadlines apply, and once legal paternity is established, reversing it can be difficult.
Help With Paternity Issues in Los Angeles and the San Gabriel Valley
Whether you are seeking to establish paternity for child support, custody, or parental rights, or you need to challenge a paternity claim, legal assistance is essential. A skilled family law attorney can guide you through the process, protect your rights, and ensure the best outcome for you and your child.
At Blasser Law, we help parents in Claremont, Los Angeles, and the San Gabriel Valley navigate paternity and parental rights issues. If you need assistance with a paternity case, contact us today at 877-927-2181 for a consultation.