Establishing Paternity in California: What’s the First Step?
Establishing paternity in California is important. There are many reasons other than the obvious ones. To learn more, read this helpful guide.
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Establishing Paternity in California
Determining a parent’s right to have a legal relationship with a child is important. Other than the woman who gave birth to the baby, there is no hard evidence of who the father is until a paternity test is taken.
So, how do you establish paternity in California? And, what’s the first step? Let’s take a look.
Why Establish Paternity?
Most people want to take action to establish paternity in order to obtain child support – and to determine legal right to custody. While this may seem like the most common or logical reason to go through paternity testing, it is, by far, not the only reason.
Establishing paternity also helps with the following:
- Determining insurance coverage, such as health insurance and life insurance, from both parents.
- Legally documenting both parents on the birth certificate.
- The ability to access medical history and medical records.
- Determining the right to receive social security benefits or veteran’s benefits.
- Granting the father access to sign documents or take action on behalf of the child.
Besides all the formalities that come with wanting to establish paternity, perhaps the biggest benefit of all is for children to know where they came from – and who mom and dad are.
Marital Presumption
A child born to a married couple in California does not have to worry about establishing paternity because it is presumed that the husband is the father of the child if the couple was married at the time of the baby’s birth.
If this is not the case and paternity is being challenged by someone outside of the marriage, that man has two years to contest this assumption. While he does have the right to establish paternity, judges don’t always side with the biological father in these instances. In other words, courts may rule on behalf of the married couple rather than the biological father.
The father in the marriage can ask to establish paternity at any time, regardless of how old the child is.
Voluntary Declaration of Parentage (VDOP)
For a man and a woman to agree on parentage, such as an unmarried couple who had a child together, paternity can be established quickly by completing a Voluntary Declaration of Paternity (VDP) Form CS909. This voluntary form of admission is often asked of both parents to sign at the hospital when the baby is born. The form can also be obtained through the courts and signed at a later time. Participation in the Parentage Opportunity Program (POP) by signing this program is voluntary and helps rights to be established free of charge.
Let’s repeat – this form is entirely voluntary and can even be used to place the father’s name on the birth certificate. He will have legal and physical rights to custody and visitation – in addition to financial obligations – when it comes to the child.
One thing needs to be clear, though, this VDP form does not legally confirm paternity. There is no DNA test to confirm the child is biologically the man’s. It is an entirely voluntary form. By signing it, you are giving up a few rights found in the legal process of establishing paternity. And that includes the right to DNA testing.
Using the Courts to Establish Paternity
Using the court to establish paternity will get you the results you are looking for, but it is a long process. To get the process started, an order for paternity may be filed with the California Child Support Services by an individual who holds legal standing, such as:
- The birth mother of the child
- An adoption agency
- A man who claims to be the father of the child
- Any child 12 years of age or older
Please note that just because you file with the courts for paternity to be established, DNA testing will not always be ordered.
An Overview of the Process
When you are ready to move through the courts to establish paternity, you will file the petition with the courts and the respondent will receive a summons along with a copy of the petition. This prompts the respondent to respond – and the next actions that take place will take this response into consideration.
Next, the court will hold a pretrial hearing. At this time, there will be a brief evaluation of the situation and request for paternity, and the judge will decide whether a trial is warranted. Otherwise, it may be recommended that the parties reach a compromise or the case will be dismissed. Again, the judge will take into consideration the sides of all parties.
Where the case goes from here can get incredibly complex and is best to manage with the help of a legal expert. Though, we would like to point out a couple of important facts that one should know before embarking on this journey:
- The courts can legally order anyone involved in the case to take a DNA test. This includes the mother, the father, and the child.
- Parentage will still have to be proven even if one person signs the voluntary form. Both need to agree for it to be effective.
- Before the court can make any orders regarding custody, visitation, or child support, paternity needs to be established.
Hiring an Attorney
When it comes to something as big as establishing paternity and confirming your legal rights to a child, you don’t want to take things lightly. You don’t want to leave yourself in a situation where you may file something erroneously, misunderstand a court’s direction, or miss a court date.
This is the type of case in which you want to do everything right and without missing a beat. But, let’s face it, if you’ve ever read the statutes regarding paternity in California or have looked over the instructions based on each scenario with the courts, paternity cases can be complex, tricky, and downright confusing.
Don’t leave yourself at risk. Instead, hire an attorney to be on your side. Someone who is experienced with the processes will help you get the facts you need and the rights that you deserve. Establishing paternity is the first step of the rest of your life.
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