How To Establish Paternity In California

As many couples know, being a father to a child doesn’t always mean being the actual biological father. There are a wide range of circumstances under which a man may choose to be, or not be, a child’s legal father. But to establish paternity in those outlying cases, there are some legal hoops to jump through that prospective fathers should be aware of.
 

Paternity In California

In California, the word, “paternity” is used interchangeably with “parentage” or “parental relationship.” To establish paternity means that either the parents of a child or the courts have determined who a child’s father is.

Generally speaking, the law assumes that paternity has been established in the following scenarios:

• When a child is born during a marriage, the mother’s husband is presumed to be the child’s father.
• If a man has been living with a child and mother in a family-like manner, and the man has demonstrated a commitment to the child, then he is presumed to be the father. This is true even if the man is not the actual biological father.

If neither of the circumstances exist, then paternity will need to be established for the child or children in question.
 

How To Establish Paternity

The quickest and simplest way to establish paternity in California is voluntarily. This is accomplished by a child’s mother and father signing a “Voluntary Declaration of Paternity” form (a.k.a. VDP form).

By signing the form, the mother and father are acknowledging they are the parents of a child and that the father is the child’s legal father. His name can then be added to a child’s birth certificate and he has parental rights and responsibilities to the child.

The longer and more difficult way to establish paternity is through a court action. Under California law, any of the following parties may submit a paternity order:

• The child’s mother
• A man who believes he’s child’s father or who has been identified as the father (also known as the “putative father” or the “alleged father”)
• A child support agency providing services to the mother
• An adoption agency

If a case is brought to court, the county superior court has the authority to order genetic testing on the mother, alleged father, and the child. If the alleged father refuses to cooperate, the judge may consider noncooperation as evidence to establish paternity.
 

When Do You Need A Lawyer?

For mothers seeking child support or other types of assistance from an alleged father who is uncooperative, they will likely want to employ the help of a competent family law attorney to guide them through the process.

Alternatively, men who believe they are the father of a child but are facing resistance from a mother and/or another man who is claiming to be the father will probably need an attorney as well. Establishing paternity when there is already a father figure in a child’s life, especially if that relationship has existed for a long period of time, can be especially difficult.