Ventura Paternity Attorneys

Fighting for Father's Rights in CA

California paternity cases are called actions to determine parental relationships to establish who the child’s legal father is. You might need to determine paternity in the event you and your partner were not married at the time your child was born. This will need to be established before the father is legally entitled to child custody, child support, or visitation rights. A father has no legal rights or responsibilities to care for his child until paternity has been determined.

As the mother of a child, you might want to establish paternity to obtain a child support order for your child. As the father of a child, you might want to establish paternity to solidify your parental rights. Regardless of the situation, you should speak with an experienced lawyer to help you understand your rights.

How Do You Establish Paternity in California?

You can establish paternity in California by signing a Declaration of Paternity or obtaining a court order. A Declaration of Paternity is a legal document signed voluntarily by both legal parents of the child. Typically, this is signed right after the child is born at the hospital.

If a father is unsure if a child is his, he has the right to ask the court for a paternity test. He should not sign the Declaration of Paternity until he knows the results of this test.

Why Would You Want to Establish Paternity?

The main reason for establishing paternity is to obtain custody of a child.

Additional benefits include:

• The right to inherit from each parent
• Gaining access to family medical history and records
• Health insurance coverage from each parent

Who Can Request a Paternity Order Submission?

A paternity order request can also be submitted through California court. The individuals who can make this type of paternity request are as follows:

• The child’s mother
• The “alleged” father – the man who believes he is the father of the child
• An adoption agency

What Happens if a Married Woman Gets Pregnant with Another Man’s Child?

If a married woman gets pregnant with another man’s child who is not her husband, paternity can get complicated. In California, if a child is born, the couple were married, and they were cohabiting at the time of conception and birth, a presumption arises that the child is a child of the marriage.

The presumption may be challenged within two years of the child’s birth upon application and genetic testing.