Paternity: An Overview

No two families are the same, and you need an attorney that can look at your situation and determine what are the appropriate next steps. Paternity is an important part of family law cases, and we can help you move forward once you have the information you need. Christopher R. Abernathy, APLC, has helped clients throughout Southern California work through these complicated issues.

What You Can Expect

When it comes to your rights as a parent, establish paternity is crucial. It also has an impact on child support and custody. This is why getting things done the right way is of the utmost importance. Determining paternity can be done either voluntarily or involuntarily. If a man is unwilling to admit paternity, he can be forced to take a test by the court. All it takes is the biological mother filing a lawsuit.

After paternity is confirmed, it opens the child up to many opportunities. For example, they are now able to access death benefits and inheritance that either parent leaves them. Furthermore, there are many psychological benefits to knowing who your father is. We are here to help you from beginning to end and understand this complicated process.

What Is Paternity And Why Does It Legally Matter In California?

Paternity is the legal determination of who a child’s father is. Being a biological father does not automatically make a man the legal father, and vice versa. Under California law, legal paternity gives a father his rights and holds him to his responsibilities.

As such, most people seek to establish paternity because:

• A father wants parenting rights: Without establishing legal paternity, a California court cannot award him the right to see or care for his child, even if he is the biological father
• A mother who needs child support: The mother of the child cannot compel financial contributions from the father until paternity is legally in place.
• A child may benefit from having both parents legally recognized: It gives them access to inheritance, financial benefits, survivor’s benefits and both parents’ medical histories. It also gives the child the emotional benefit of knowing who both parents are.
• A man needs to confirm or contest a claim: When a person has been named as a father and is not certain the claim is correct, the court process gives him a clear way to resolve it.

There are certain situations where California law automatically presumes paternity without any formal action. If a man was married to the mother when the child was born, the law treats him as the legal father without any formal process. Parents can also use California’s parentage declaration form, known as a VDOP, to establish paternity without taking it to court.

California provides a clear legal process for establishing paternity, regardless of the reason. Working with a paternity attorney in Rancho Cucamonga helps make sure this process is handled correctly from the start.

Two Ways To Seek Paternity In California

In California, there are two paths to establishing legal paternity. Which one applies to your situation depends on whether both parents are willing to cooperate. Here is how each one works.

Voluntary Declaration Of Parentage

The VDOP is a signed agreement between both parents that formally establishes paternity outside of court. For unmarried parents in California, it is the most common path to legal parentage.

This agreement is usually completed at the hospital, after the birth of the child. Parents also have the option of signing it at their county’s child support office, at the courthouse through the court’s facilitator program, or with a notary. Once signed and submitted to the state’s child support authority, the VDOP holds the same authority as a judgment issued by a court. The father becomes legally responsible for child support and gains the right to pursue a parenting role through the court. Both parents also give up the right to demand genetic testing or a trial on the question of paternity later on.

For the first 60 days after signing, either parent can cancel the VDOP by submitting a cancellation form to California’s child support agency. After that window closes, canceling will require a court filing. Moreover, a judge will only set the VDOP aside in limited circumstances, such as fraud, while also weighing the child’s best interest. The VDOP is only available when both parents agree to sign. If one parent will not, the only way to seek paternity is through the court.

Court-Ordered Paternity

When one party disputes paternity or will not cooperate, the court can establish it. Filing a paternity case is open to the mother, an alleged father, the child’s legal guardian or the state’s child support agency. In Rancho Cucamonga, residents can file paternity actions at San Bernardino County Superior Court.

In most contested cases, the court orders DNA testing. This typically involves cheek swabs from the child, mother and alleged father, collected at an accredited lab. California courts accept results indicating at least a 99% likelihood of biological paternity as proof. If the named father refuses to take a court-ordered test, the court can enter a judgment of paternity against him without requiring any other evidence. This carries the same weight as a signed VDOP.

To Learn More, Call Today

Many clients walk through our doors and are unsure where to turn. We can provide you with proper guidance and answer all of your questions. You can rest assured that your concerns are our top priority. To schedule a consultation, call our office in Rancho Cucamonga today at 877-359-1875 or fill out this contact form.