Establishing paternity, or legal fatherhood, is an important step with significant legal and personal implications. In California, when a child is born to unmarried parents, it’s crucial to establish paternity to secure the child’s rights and access to essential benefits.
Attorney Judy L. Burger is a Certified Family Law Specialist in California who can explain more about paternity and father’s rights and help you be treated fairly in child custody negotiations. Here are some important details about establishing paternity in California.
How Can Fathers Establish Paternity in CA?
There are three ways to establish paternity in California:
- Voluntary Declaration of Paternity (VDP): Unmarried parents can sign a VDP form at the hospital when the child is born or at a local child support agency, ensuring both parents’ names are included on the birth certificate. This simple voluntary process establishes the legal relationship between the father and the child.
- Genetic Testing: If paternity is disputed, genetic testing can be requested to determine the biological father. This typically involves a simple and painless procedure, such as a cheek swab, and is highly accurate in identifying paternal relationships. However, the judge will look at a number of things, not just genetics, to decide if someone is a legal parent. A judge can determine (decide) someone is a child’s legal parent even if they are not genetically related.
- Court Order: If disagreements or disputes arise regarding paternity, a court can intervene to establish paternity. This often involves genetic testing and legal proceedings to determine the child’s legal father.
When a birth mother and a potential father dispute paternity, the birth mother or the father may file a Petition to Establish a Parental Relationship and formally open a parentage case before the court. A CA family law judge will review the evidence presented in court and establish or deny paternity.
If you received a Petition to Determine a Parental Relationship and a Summons, someone is asking a judge to determine if they or you are the legal parent of a child. Contact The Law Offices of Judy L. Burger for counsel and assistance.
Why is Establishing Paternity Important?
Establishing paternity offers numerous benefits for the child, mother, and father:
- Child Support and Financial Benefits: Once paternity is established, the child gains access to financial support, including child support, health insurance, and potential inheritance rights.
- Legal Rights: The child gains legal rights to inheritance, Social Security benefits, and possibly veterans’ benefits, as well as the ability to access the father’s medical history for healthcare purposes.
- Emotional and Psychological Benefits: Knowing both parents can positively impact the child’s emotional and psychological well-being, contributing to a sense of identity and stability.
- Medical History: Access to the father’s medical history can be crucial for the child’s healthcare needs, allowing for a complete understanding of potential genetic conditions or health risks.
It’s important to note that once paternity is established, it can have far-reaching legal implications, including custody and visitation rights. Hence, it’s essential to approach the process thoughtfully and seek the best available legal advice.
Contact a Certified Family Law Specialist
Establishing paternity in California is a critical step that benefits the child, parents, and family as a whole. By establishing legal fatherhood, children can access essential benefits and resources while building a meaningful connection with both parents. If you’re navigating the process of establishing paternity, Judy Burger is a highly qualified family law attorney who can work hard to ensure the best possible outcome for all involved parties.
We have eight offices across California, including in San Francisco, Ventura, Silicon Valley, Oxnard, and Santa Barbara. Contact us today to schedule a free initial consultation to learn more.
