Today we are talking about establishing paternity during the divorce process in California.

Okay, what is paternity?

You have to establish paternity in your divorce case if you are filing for divorce and you have a child with your spouse and that child was born prior to the marriage.

So, anytime the child was born prior to the marriage, you need to establish paternity through your divorce filing.

Now, this is the case whether or not you have a birth certificate with a father’s name on it or if the father has filed the declaration paternity, the form you’ll fill out in the hospital. You still need to have this paternity established during the divorce.

And in order to do this, it’s very simple. Obviously we’re assuming that there is no contest regarding who is the father. So that would be number one.

What you’re going to do to do this again, it’s simple. All you need to do on the petition, this is the FL-100 is on box 7D on page two. It’s a very small line, it’s very easy to miss and many people do. You need to check that box 7D on page two of the petition, FL-100. You’re going to check that box if you have a child born prior to the marriage.

If you don’t do that and you file it and if you happen to miss it, you don’t catch it. Many people forget to check this box because they assume that it’s the father but you need to establish that through the court if file that and it’s not checked and you have a child born before the marriage and you serve it. It will end up rejecting your entire case.

You would need to re-file and a minute petition and correct that and mark that box 7D to establish paternity.

I hope that’s helpful.

Tim Blankenship, divorce661.com for more information or feel free to call me, 661-281-0266. We’d be happy to help you with your divorce in California.

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