CALIFORNIA FAMILY LAW

Paternity is the legal process for establishing the legal father of the child. If the parents are married to each other, paternity is presumed to be the husband. If parents are unmarried, either the father signs a Voluntary Declaration of Paternity at the hospital after the birth of the child; or the mother, father or Child Support Agency files a Petition in court to establish the legal father.

Fathers have rights of custody and visitation with the child, and also the responsibility of paying child support.

What is paternity?

Establishing paternity is the process of determining the legal father of a child. When parents are married, paternity is automatically established in most cases. If parents are unmarried, paternity establishment is not automatic and the process should be started by both parents as soon as possible for the benefit of the child. Typically, the father will sign a Voluntary Declaration of Paternity in the hospital upon the birth of the child. Hospitals have these forms.

How is paternity established?

Unmarried parents can establish paternity (legal fatherhood) by signing the Voluntary Declaration of Paternity. This can be done in the hospital after the child is born. Signing this form will make the process of legally establishing paternity easier and faster in most cases. A Declaration of Paternity may also be signed by parents after they leave the hospital.

If the parties were never married, and there is no Voluntary Declaration of Paternity, then both the mother and the presumed father (and even the child) can bring a paternity action in family court. The judge may then issue an order that the parties submit to a DNA test. After the results of the DNA test are known, the question of paternity will be established accordingly.

Can a man be obligated to support a child even if he can prove that he is not the biological father?

Yes, there are circumstances where a man must provide financial support for a child even if a DNA test proves that he is not the biological father.

Also, if a mother (or Child Support Services) brings a paternity action and names the alleged father, and that father does not participate in the paternity proceedings then the court may order that the nonparticipating alleged father is deemed to be the father and must provide financial support. The father has two years from the judgment of paternity in which he can attempt to set aside this determination. If he does not act within that time period, even though DNA tests prove that he is not the father, the father still must provide support.