How to Establish Paternity in California | California Divorce

Posted by Tim Blankenship on

 

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:

  1. Filing a paternity petition with the family court.
  2. Completing required forms and serving them on the other parent.
  3. Requesting a court-ordered DNA test if parentage is contested.
  4. 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.

How to Establish Paternity in California? | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Establish Paternity in California? | Los Angeles Divorce

Establishing paternity is the first step toward securing custody, visitation, and child support rights when parents are not married. Legally identifying the child’s father creates clarity, protects the child, and allows both parents to participate fully in the child’s life. This guide explains how paternity works in California, what to do when both parents agree, and what happens when there is a dispute.

Why establishing paternity matters

When paternity is established, the child gains access to benefits and protections, including financial support, health insurance eligibility, inheritance rights, and a legal relationship with both parents. For the parents, legal paternity opens the door to custody and visitation rights and ensures shared responsibilities.

  • Custody and visitation become possible only when the parent is legally recognized.
  • Child support can be ordered and enforced.
  • Emotional and medical rights such as school enrollment and medical decisions can be exercised by both parents.
  • Stability for the child through a recognized legal relationship with both parents.

How to establish paternity when both parents agree

If both parents agree on who the father is, the process is straightforward. The simplest method is the Voluntary Declaration of Parentage.

Key steps:

  • Sign a Voluntary Declaration of Parentage at the hospital at the time of birth, or later by completing the form and having it notarized.
  • File the completed declaration with the appropriate state or county office as required.
  • Once filed, the father is legally recognized and can pursue custody, visitation, and support rights on equal footing with the mother.

When paternity is disputed

Disagreements over who the father is will require a legal process. The court will get involved to determine paternity. In most contested cases, the court orders genetic testing to establish biological parentage.

What to expect when paternity is disputed:

  • A petition is filed with the family court to establish paternity.
  • The court may order DNA testing for the child and the alleged father.
  • Once DNA confirms paternity, the court can issue orders for custody, visitation, and child support.

The role of DNA testing

DNA testing provides a reliable biological answer and is commonly used when one parent disputes paternity. The result helps the court make decisions that reflect the child’s best interests. Courts rely on these objective results to grant or deny parental rights and obligations.

Real client example

Recently in Los Angeles, a client sought custody but was not legally recognized as the father. He could not pursue custody or visitation because his name was not on the birth record. We filed a petition with the court and obtained a court-ordered DNA test. The DNA confirmed his paternity and unlocked his full parenting rights, allowing us to pursue custody and visitation orders on his behalf.

How we help with the paternity process

At Divorce661, we guide clients through every step of the paternity process. Our flat-fee services and full-service approach include:

  • Preparing and filing petitions and Voluntary Declaration of Parentage forms
  • Coordinating court dates and filings
  • Assisting with obtaining and coordinating DNA testing when required
  • Step-by-step guidance to secure custody, visitation, and support rights

We handle the paperwork and court coordination so you can focus on your child and the outcome you need.

Next steps and resources

If you were not married when your child was born and you want custody, visitation, or support rights, take action now. When both parents agree, sign a Voluntary Declaration of Parentage at the hospital or complete a notarized form later. If paternity is disputed, prepare to file a petition and expect DNA testing to be ordered by the court.

For help navigating the process, schedule a free consultation at divorce661.com. We will explain the steps specific to your situation and help you take the first step toward protecting your parental rights and building a stable future for your child.

“Establishing paternity ensures both parents can actively participate in their child’s life and provides stability and support for the child’s future.”