How to Establish Paternity in California
If you were not married when your child was born and you are facing custody, visitation, or child support questions, the first legal step is often to establish paternity. Establishing paternity in California means officially identifying a child’s parent. That legal recognition is what allows you to seek custody, visitation, or to address child support and other parental rights.
What does establishing paternity mean?
Establishing paternity is the legal process that makes a person the recognized parent of a child. Once paternity is established, the parent can seek custody and visitation orders, the court can set child support, and important parental rights and responsibilities are secured.
Two main ways to establish paternity in California
There are two common paths to establishing paternity:
- Voluntary Declaration of ParentageIf both parents agree, paternity can be established quickly by signing a Voluntary Declaration of Parentage. This is often done at the hospital when the child is born, but it can also be completed later. The form may need to be notarized when signed outside the hospital environment.
- Court action and DNA testingIf one parent disputes paternity or if agreement cannot be reached, you will need to go to court. The court can order genetic testing. If the tests confirm parentage, the court will issue a legal paternity order. That order is what allows you to move forward with custody, visitation, and support matters.
What happens if paternity is disputed?
When a dispute exists, the court-managed route is necessary. Typical steps include:
- Filing a paternity petition with the family court.
- Completing required forms and serving them on the other parent.
- Requesting a court-ordered DNA test if parentage is contested.
- Obtaining a paternity judgment from the court once tests confirm parentage.
Once a legal paternity order is in place, either parent can request custody and visitation orders and the court can set child support if appropriate.
How does established paternity affect custody, visitation, and support?
Establishing paternity unlocks the ability to legally pursue:
- Custody rights — both legal custody (decision making) and physical custody (where the child lives).
- Visitation or parenting time — schedules and terms ordered by the court.
- Child support — a court can set financial support obligations once paternity is established.
Without legal paternity, a parent may not be able to request custody, visitation, or to be named on the child’s birth certificate and other official records.
A real-world example
We recently assisted a client in Los Angeles who wanted to be involved in his child’s life but had not been legally recognized as the father. We helped him file the paternity petition, complete the required forms, and pursue the court-ordered DNA test. After paternity was confirmed and a legal paternity order entered, he was able to obtain custody and visitation rights.
How we can help
Filing the right paperwork and navigating the court process matters. We provide help with:
- Preparing and filing paternity petitions and related forms.
- Requesting and coordinating DNA testing when necessary.
- Scheduling hearings and representing your interests during court proceedings.
- Transitioning to custody, visitation, and child support matters after paternity is established.
We offer flat-fee services across California and full-scope help for paternity, custody, and support cases.
Next steps
If you need to establish paternity in California, start by determining whether both parents can sign a Voluntary Declaration of Parentage. If not, you will need to file a paternity petition and request genetic testing through the court.
For assistance or to discuss your situation, visit divorce661.com to schedule a free consultation. We will guide you through each step and help protect your parental rights.
If you need help establishing paternity in California, visit divorce661.com and schedule your free consultation. We will guide you through the process and help you secure the legal rights you deserve.
