how to establish paternity without a lawyer in california

To establish parentage/paternity in California, you can sign a voluntary declaration of parentage, contact your local child support agency, or file a parentage case yourself. To file a parentage case, complete and file the petition to establish parentage. Serve your spouse, and wait 30 days for them to respond.

Full Answer

How do you establish paternity in California?

To conduct the test, a swab is rubbed against the inside of the subject’s cheek and this provides the DNA sample. Children can be tested at any age and even at birth on a blood sample from an umbilical cord. There is no statute of limitations in California for establishing paternity. The court process begins with a complaint to establish paternity.

What does California paternity law cover?

California paternity law covers a wide range of complex matters, including establishing and disputing paternity. Here’s what you need to know about California paternity law.

Do you have to go to court for a paternity declaration?

A properly signed declaration of parentage or paternity has the same effect as a court order establishing parentage for the child, without anyone having to go to court. Forms are available in English and Spanish. Click to see a sample of this form in English and to get more information about voluntary declarations of paternity.

How does the voluntary declaration of parentage or paternity work in California?

Most public agencies that have the declaration forms also have a short video explaining how the voluntary declaration of parentage or paternity works. Once the declaration is signed, the form must be filed with the California Department of Child Support Services Parentage Opportunity Program (POP) in order to be effective.

How long does a father have to establish paternity in California?

In California, there is no statute of limitations on when a father can establish his paternity. When there is doubt about a child's parentage, the court can order a blood test to establish paternity up to two years following the birth of the child.

Can a mother refuse a paternity test in California?

If the mother still refuses to have paternity testing done, legal action may be necessary. A court may order testing to be done to establish support, custody rights or visitation. A paternity test will be able to prove fatherhood even when a man's name is on the child's birth certificate.

What rights does a father have if not on birth certificate in California?

Without legal paternity, you have no rights to see the child, you have no rights to make any decisions about the child, and you have no rights to stop the mother and child from moving away. How will California family law affect you, your partner and your children if you are living as an unmarried couple?

How much is a paternity test in California?

AffinityDNA provide accurate, confidential and affordable DNA testing in California. Our home paternity tests start at just $119 with results available in 3-5 business days and an express service is available for when speed is critical.

Does signing a birth certificate establish paternity in California?

You can establish paternity in California quickly by signing a “Voluntary Declaration of Paternity” form. It has to be signed by both parents to be valid. This form concludes that each parent acknowledges they are the parents and that the man is the biological father. This can be signed at the hospital or later.

Who has custody of a child if there is no court order in California?

both parentsWhen there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.

Can you put father's name on birth certificate without him there?

If the father is not present at the hospital following the birth, the mother will not be able to list him as the father on the birth certificate in his absence—the father and mother will instead have to sign the voluntary declaration of paternity at a later time, and have the father's name added to the birth ...

Can a mother deny a father access?

Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.

Do unwed fathers have rights in California?

Without a court order, an unmarried father has no legal right to see his child and any informal agreements between parents are not recognized by the court. The only recourse for unmarried fathers is to seek court orders that will recognize and protect their rights to child custody and visitation.

Can a mother refuse a court ordered paternity test?

If a mother refuses to determine paternity for legal reasons, a court can order a paternity test be carried out. A mother has to give her consent for children to have a DNA test but the court can override any refusal if it considers it's in the child's best interest for the sample to be taken.

How is paternity established?

Unmarried parents can establish paternity voluntarily. This means they agree to name the father of the child; or. Unmarried parents can ask the local family court to help establish paternity. This usually involves DNA paternity testing (also referred to as genetic testing).

Does the biological father have rights if he is not on the birth certificate?

If you are not listed as the father on the birth certificate, you have no rights to custody, visitation, or paying child support. To establish a father's legal rights to their child, it is required that they establish paternity.

Legal Presumption of Parenthood

Here are the circumstances under which the law presumes parenthood without the need for further legal action. Presumptions may be rebutted in court in some cases.

Why Establish Paternity or Parentage?

Establishing legal parentage conveys certain rights to the child as well as rights and responsibilities to the parents. For example, a person cannot petition the court for child custody, visitation or support until legal parentage is established.

How to Establish Parentage

Both parties signing a voluntary declaration of paternity or parentage. This may be done at any time. However, if the form is signed at the hospital when the child is born, both parents will go on the original birth certificate. Otherwise, a new birth certificate will be issued after the voluntary declaration is signed.

Same-Sex Couples

Some parentage cases involve same-sex couples who were not married or in a registered domestic relationship at the time the child was conceived or born. In the case of two women, one or both parties would need to petition the court for an order establishing the legal parentage of the partner who is not the biological mother.

Call Ghazi Law Group for a Free Consultation

Whether you would like to prove or disprove parentage, call Ghazi law group for a free initial consultation. Contact Ghazi Law at (818) 839-6644 or email us at contact@ghazilawgroup.com. We are located in Sherman Oaks, California, close to Encino, Woodland Hills, Studio City and other areas of Los Angeles County.

Two Ways to Establish Paternity in California

There are two main ways to establish paternity, also called “parentage,” in California for unmarried parents – voluntary establishment or involuntary establishment. Voluntary establishment of paternity involves signing a voluntary declaration of parentage or paternity, and involuntary establishment involves getting a court order.

Voluntary Declaration of Parentage

A voluntary declaration of parentage is a California governmental form that, when signed by both parents, establishes them as the legal parents of the child. The form must be signed voluntarily by each parent to be valid.

Involuntary Establishment of Parentage

There are a couple of ways you can seek the involuntary establishment of parentage through a court order. You can either petition for one on your own, or you can ask your local child support agency for help. To petition for a paternity case on your own, you will need to fill out, serve, and file several court forms in the county your child lives:

What is a paternity declaration in California?

A voluntary declaration of parentage or paternity is a California governmental form that, when signed by both parents, establishes them as the legal parents of the child. The form must be signed voluntarily. No one can force either person to sign the form. The purpose of the declaration of parentage or paternity is to officially ...

How to establish parentage when parents are not married?

There are 2 main ways to establish parentage when the child’s parents are not married: Signing a voluntary declaration of parentage or paternity, OR. Getting a court order (either on your own or with the help of the Local Child Support Agency ).

What happens if a father does not admit to being the parent?

If a father does not admit that he is the parent, the court may order the alleged father, mother, and child to submit to genetic testing. Establishing parentage is also necessary for same-sex parenting situations if the parents were not married when the mother became pregnant or when the child was born. For example, if two unmarried women agree ...

How to get DNA from saliva?

Because saliva contains DNA (as does the rest of the body), samples of a person’s DNA can be taken by gently rubbing a sterile cotton squab (like a Q-tip) inside his or her mouth. If the Department of Child Support Services performs the testing, normally there is no charge to either named parent.

What is the right to inherit from either parent?

The right to inherit from either parent; and. The right to receive social security and veteran’s benefits, if available. Once parentage is established, the court can make orders for child support, health insurance, child custody, visitation (parenting time), name change, and reimbursement of pregnancy and birth expenses.

What are the rights of a parent?

These legal rights and privileges are: The right to receive social security and veteran’s benefits, if available. Once parentage is established, the court can make orders for child support, health insurance, child custody, visitation (parenting time), name change, and reimbursement of pregnancy and birth expenses.

How many parents can a child have in California?

In California, in some cases the court may determine a child has more than 2 parents. This is usually done when it would hurt the child if additional parents were not legally recognized. If a person is established as a legal parent of a child, that person MUST financially support the child.

How to establish parentage in a divorce?

This is typically done when the parents are not married. The other way to establish parentage is by getting a court order. This can include filing a Petition for Custody and Visitation , which is then followed by the court making orders to determine who the legal parents are.

How to get custody of a child?

In order to obtain child custody, visitation and support orders , parentage must first be established to determine who the child’s legal parents are. The child’s legal parents are the ones with legal rights and responsibilities to care for the child. Parentage can be established by both parties signing a voluntary Declaration of Paternity.

What does it mean when a father has no rights?

This means that the father of the child has no legal rights or responsibilities for the child. This is when parentage needs to be established legally. This will make sure that the father of a child gets to see his child, make decisions about the child’s life, and provide for the child financially through child support.

What is the purpose of establishing parentage?

Establishing parentage means obtaining a court order that states who a child’s legal parents are.

What happens if a father is not the father of a child?

If the genetic testing determines that the husband or presumed father is not the father of the child, the question of paternity will be dismissed and resolved accordingly (Cal. Fam. Code §7541). In any civil proceeding where paternity is a relevant legal ...

Do you have to prove parentage if you are not married?

Important Facts. If you and the other parent were never married, you will need to prove parentage (or “paternity”). A paternity action legally establishes the parent/child relationship. Even if you and the other party signed a Voluntary Declaration of Paternity, you still need to prove parentage.

Where to get a fee waiver?

You can get a “Fee Waiver” application at 1) the Resource Center for Self-Represented Litigants, 2) the Filing Clerk’s Office, or 3) on the Internet. *You must file the completed “Fee Waiver” forms at the same time you file your forms.

What is blood typing?

Blood typing uses an ABO system where humans contain the A antigen (A blood type), the B antigen (B blood type), both A and B antigens (AB blood type), or neither antigen (O blood type). Since there are genes that code for these antigens and genes are inherited, this type of testing can be used to determine paternity.

What is the purpose of genetic testing in paternity cases?

In a paternity case, and on the request of either parent, the court will require all parties (the mother, child, and alleged father) to submit to genetic testing to aid the court in determining paternity.

What is paternity law in California?

California paternity law involves the legal relationship between a father and his children, which determines the rights and obligations of both the father and the child. These rights and obligations include everything from the inheritance rights to child custody. When a married couple has a child, the state of California will presume ...

What happens if a father's test is positive?

If the tests are again positive, there is a presumption that he is the father. When paternity is established, the court will enter an order regarding the father’s paternity and the father then becomes legally obligated to pay child support according to the state’s guidelines.

What happens if my father doesn't sign my paternity certificate?

However, if the father chooses to not sign the acknowledgment or is prevented from signing the paternity document, the mother may file a suit against the father and involve the court.

What tests can be used to determine paternity?

There are different tests that can be performed to establish paternity including blood type and DNA. Using blood type was a popular method in vogue for many years. More recently, the field of science has developed DNA testing, which is recognized as a highly accurate form of paternal identification.

How to establish paternity in California?

There is no statute of limitations in California for establishing paternity. The court process begins with a complaint to establish paternity. During the court process and prior to entry of the court’s order, the parties may still enter into a settlement that resolves any custody or financial issues relating to the child. The alleged father, if found to be the biological father, would be legally responsible for the financial support for the child. He may offer the mother a lump sum payment in exchange for her to not pursue future additional support.

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.

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.

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.

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.

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:

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.

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.

Sign a Voluntary Declaration of Parentage or Paternity

One way for unmarried parents to establish parentage is to sign a voluntary declaration stating that they are the child’s legal parents. A voluntary declaration of parentage can be signed when the child is born. Both parents’ names will be placed on the birth certificate if the declaration is signed at the hospital where the child is born.

Establish Parentage Through Your Local Child Support Agency

You can also bring a parentage action through your local child support agency. To begin this process, call your county child support agency and ask for an appointment for a parentage case.

Filing a Parentage Case

To file a parentage case in California, first complete, file, and serve the necessary court forms. File your proofs of service and wait 30 days for the other parent to respond to your service of process. You may need to attend court as well.

FAQs

A father can establish paternity at any time before the child reaches 21 years of age. California’s statute requires that fathers file a paternity claim before their child turns 18 or 3 years after the child becomes a legal adult.

Free Consultation With a California Paternity Attorney

If you want to petition to establish paternity in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal issue. Get your free consultation with one of our California Parentage and Paternity Attorneys today!

How to establish paternity in a child?

If the couple is not married at the time of the child’s birth , additional steps must be taken to establish paternity. If both parents agree as to the identity of the father, the parents can sign and file a Voluntary Declaration of Parentage form. The form must be signed by the parents before an appropriate witness. The witness can be a representative of the hospital where the child was born, so that the parties can sign the form just after birth. The parents can also go to a municipal agency shortly thereafter, including a local child support agency, a family law court, a county welfare department, or a local registrar of births and deaths. If the birth certificate has already been issued, the parents can ask for a new one to be issued with the father’s name listed.

What happens if a parent contests paternity?

If either parent contests the genetic parentage of the putative father, then the parties can go to court to establish paternity. The mother might not believe another party is the actual father, the putative father might seek to disprove paternity to avoid parental obligations, or a third party could try to have himself declared the biological father.

What happens when a couple is married in California?

In California, when a couple is married, parentage is assumed. If a mother gives birth and the child was conceived while the couple was married, her husband (or other legal partner) is automatically assumed to be the child’s other legal parent. The husband will be conclusively established as the child’s legal father unless some party contests the parentage within two years of the child’s birth. A man claiming to be the biological father can challenge paternity within the first two years. The presumed father (the mother’s husband) can challenge paternity later on, regardless of the child’s age.

What It Means to Establish Parentage

Reasons For Establishing Parentage of A Child

Ways to Establish Parentage

• There are 2 main ways to establish parentage when the child’s parents are not married: 1. Signing a voluntary declaration of parentage or paternity, OR 2. Getting a court order (either on your own or with the help of the Local Child Support Agency). A voluntary declaration of parentage or paternity is a California governmental form that, when signe...

See more on courts.ca.gov

Disputing Parentage and Genetic Testing