All the Basic Rules of Establishing Paternity in California
California is a state where families of all types are accepted and encouraged. Because of this, they want to conform to the needs of many different types of families, including those that are nontraditional. Because of this, it is important for fathers to understand what rights they have when it comes to paternity. Today, we will walk you through many California laws relating to how paternity is established in the state, how to start your case, and the benefits of understanding paternity of a child in your life.
California Paternity
When you establish paternity in California, you are basically saying that you know who the child’s father is. Fathers are presumed to be the father of a child when the mother of the child is married to them when she has the baby, or when the family has been living together and a commitment has been made to the child. The easiest way to establish paternity is on a voluntary level through a “Voluntary Declaration of Paternity.” When this form is signed, both the mother and father are in agreement that the father is the legal father of said child. This means that the father then has parental rights of the child.
Paternity can also be solved through a paternity action by the courts. In California, any person is able to ask about paternity, such as the child’s mother, the man who believes he is the father, a local child support agency, or an adoption agency.
There are many reasons to establish paternity, including benefits to the father and the child alike. A mother and her child may also benefit, as with knowledge of the father, they are able to receive financial support and health insurance as necessary. A child may feel a sense of security having their father in their life, or be eligible for public benefits that could help them.
How to Bring Your Case
Starting your case may be one of the most difficult parts, but with help from an attorney it can be done in a simple fashion. Many cases begin when a mother wants to collect child support, where an agency then has the right to ask the alleged father to submit to genetic testing. If a father refuses to give into testing, the court will sometimes assume that this is evidence of paternity. The court will sometimes order child support, health insurance, physical or legal custody of a child, visitation, and more.
Sometimes, the laws regarding paternity in California can be confusing. Because of this, it is important to have an attorney on your side who understands family law on a deep level and has compassionate understanding of your case. Call us today for information on how we can help.