Paternity
Establishing the parentage of a child is most commonly brought in situations involving parents that are not married. The ability of a party to successfully assert or deny the parentage of a child often requires a complex analysis of statutory and case law. Under California law, the determination of paternity of a child is often a first, critical step in petitioning a family court for an award of child support. Paternity can also be critical in matters involving custody of a child and visitation rights.
Under California law, once a person is determined to be the parent of a child, he or she will have all the rights and obligations of a parent. He or she will be able to request custody and visitation orders from the Court and be responsible for paying child support.
Presumption of Paternity in Marriage
A man who was married to the biological mother of the child at the time the child was born is presumed to be the father of the child, and therefore required to pay child support. But if the man can prove that he is not the biological father, then he will not be required to pay child support (and the actual biological father will be required to do so), but he may give up rights to custody and/or visitation.
Proving Paternity Outside of Marriage
Likewise, if a father was not married to the biological mother, then paternity may have to be established in court before any child support or custody/visitation rights are awarded (unless the father voluntarily assents to paternity).
Either the biological father or mother may initiate a paternity action and thus begin the process of obtaining support, custody, or visitation rights. A government agency may also initiate a paternity action as well. Oftentimes, a court will require DNA testing to show that a man either is or is not the father, but this is not always the case. Surrogacy and adoption present other unique legal issues regarding parentage.
Work with a Trusted Paternity Lawyer
At the Law Offices of Kelley C. Finan, we work with both men and women to help protect their rights in paternity actions and resolve all matters relating to child support, custody, and visitation rights.
Tips for Paternity
Petition for an Establishment of Paternity: The first step in a paternity case is to file a Petition to Establish Parental Relationship. This petition is typically filed through your family law attorney.
Attend the Court Appearance: Attend the court appearance and all other proceedings pertaining to the case.
Acknowledgment of Paternity: If both parties acknowledge paternity, it will result in an establishment of paternity.
Genetic Testing: If the parties dispute paternity, the court may order a genetic test to determine the child’s paternity. It’s important to cooperate with the test.
Hire an Experienced Family Law Attorney: It’s crucial to hire an experienced family law attorney to represent your interests and protect your rights.
Understand Your Custody and Support Obligations: The determination of paternity is the first step to gaining custody and support orders to properly raise the child.
Get a Child Support Order: Once paternity has been established, the court can issue child support orders that determine the amount and frequency of payments.
Work with Child Custody Attorney: A child custody attorney may be necessary to assist in securing a child custody or visitation arrangement.
Attend Parenting Classes: Attend parenting classes, to learn parenting techniques or as a means to prove your willingness and ability to participate in your child’s life.
Follow Court Orders: It’s vital to adhere to the court’s orders after the final verdict. Failure to follow those orders may result in being held in contempt of court.