Paternity Establishment FAQ

Paternity is the legal recognition of a man as the biological father of a child. Establishing paternity is crucial because it creates legal rights and responsibilities between the father and child. Once paternity is established, the child gains the right to financial support, inheritance rights, health insurance coverage, social security benefits, and access to the father's medical history. The father gains custody and visitation rights, and the right to make decisions about the child's upbringing.

Without legal paternity, a biological father has no legal rights to the child, and the child cannot claim benefits from the father's estate or government programs. Paternity can be established voluntarily through a Declaration of Paternity signed by both parents, or through a court order based on genetic testing. The process protects the interests of all parties involved - the child, mother, and father.

Voluntary establishment of paternity in California occurs when both parents sign a Voluntary Declaration of Paternity (VDOP) form. This can be done at the hospital when the child is born, or later at a local child support agency, registrar of births, or designated vital statistics office. A properly executed VDOP has the same legal effect as a court judgment of paternity.

Both parents must sign the form voluntarily, without coercion, and the document must be witnessed or notarized. The mother must not be married to someone else at the time of signing, or if she is, the presumed father (her husband) must also sign a denial of paternity. Once filed with the California Department of Child Support Services, the VDOP establishes legal paternity without the need for a court hearing. Parents have 60 days from signing the declaration to rescind it without stating a reason, but after 60 days, it can only be challenged in court with proof of fraud, duress, or material mistake of fact within two years of signing.

When a child is born to a married woman in California, there is a legal presumption that the mother's husband is the child's father, regardless of biological paternity. This presumption creates a strong legal presumption of paternity for the husband. To establish another man as the legal father, this presumption must first be overcome.

The presumed father (the husband) must sign a Denial of Paternity form, and the biological father must sign a Voluntary Declaration of Paternity, or a court action must be filed to challenge the presumption. The court will typically order genetic testing to establish biological paternity. It's important to note that California has strict time limits for challenging a marital presumption - generally within two years of the child's birth. If the deadline passes, it may become extremely difficult or impossible to establish paternity for the biological father, even with genetic evidence.

Genetic testing, also known as DNA testing, is the most accurate method of establishing biological paternity, with accuracy rates exceeding 99.9%. The testing involves collecting DNA samples, typically through a simple cheek swab, from the child, mother, and alleged father. The samples are analyzed by a state-approved laboratory that compares specific genetic markers to determine the probability of paternity.

If the test shows a 95% or higher probability that the alleged father is the biological father, this creates a rebuttable presumption of paternity. The court will typically accept these results unless there is clear evidence to contradict them. The cost of testing is usually advanced by the county or requesting party, but the court can order the alleged father to reimburse costs if paternity is established. Either party can request genetic testing in a paternity action, and refusal to submit to court-ordered testing can result in a default judgment establishing or denying paternity.

Yes, paternity can be established even without the father's cooperation through a court action. The mother, alleged father, or child can file a petition to establish a parent-child relationship. Once the petition is filed and the alleged father is properly served with legal papers, the court will schedule a hearing. If the alleged father does not respond or appear in court, the court may enter a default judgment establishing paternity based on the evidence presented.

If he appears but refuses to submit to genetic testing, the court can establish paternity based on his refusal, along with other evidence such as the relationship between the parties, the alleged father's acknowledgment of paternity, or his financial support of the child. The court can also issue an order compelling genetic testing. If the alleged father still refuses to comply with the testing order, the court can hold him in contempt and impose sanctions, including fines or jail time. Once paternity is established through court order, it becomes legally binding and enforceable.

California generally does not impose a strict statute of limitations for establishing paternity, allowing paternity actions to be filed at any time before the child turns 18, and in some cases even after the child reaches adulthood. However, there are important exceptions and time limits to be aware of.

If a child is born to a married woman, any challenge to the presumption that her husband is the father must generally be brought within two years of the child's birth. This deadline can be extended under certain circumstances, such as when the presumed father was unaware of relevant facts. Additionally, a voluntary declaration of paternity can only be set aside within two years of signing, and only for limited reasons including fraud, duress, or material mistake of fact. For child support purposes, while paternity can be established at any time, retroactive child support is typically limited to the date the petition was filed or the two years immediately preceding the filing.

Once paternity is legally established in California, the father gains numerous important rights regarding his child. He can seek custody and visitation rights through the court, and has the right to participate in major decisions affecting the child's life, including education, healthcare, and religious upbringing, particularly if he is awarded joint legal custody. The father gains the right to access the child's medical, educational, and other important records.

He can petition the court to modify custody or visitation orders as circumstances change. Additionally, the father gains inheritance rights - the child can inherit from the father's estate, and in some cases, the father can inherit from the child. The court presumes that frequent and continuing contact with both parents is in the child's best interest. However, these rights come with corresponding responsibilities, including the obligation to provide financial support. The father's rights can only be terminated through a formal legal process, such as adoption or a termination of parental rights action.

Yes, paternity can be challenged after establishment, but only under specific circumstances and within strict time limits in California. For a Voluntary Declaration of Paternity (VDOP), either parent can rescind the declaration within 60 days of signing without providing any reason. After the 60-day period, a VDOP can only be challenged in court within two years of signing, and only on grounds of fraud, duress, or material mistake of fact.

If paternity was established by court judgment, the judgment can be challenged through a motion to set aside the judgment, typically within six months if based on mistake, inadvertence, surprise, or excusable neglect. Paternity can also be challenged based on newly discovered evidence, such as genetic testing that was not available at the time of the original determination. For children born during marriage, challenges must generally be brought within two years of the child's birth, though exceptions exist. Courts are generally reluctant to set aside established paternity, especially when it would be contrary to the child's best interests.

The local child support agency (LCSA), often called the Department of Child Support Services in California, plays a significant role in paternity establishment, particularly when a parent is receiving public assistance or has applied for child support services. The LCSA is authorized to establish paternity and secure child support on behalf of custodial parents. When a mother applies for public assistance programs like CalWORKs or Medi-Cal, she is required to cooperate with the LCSA in establishing paternity unless she has good cause for refusing, such as concerns about domestic violence.

The LCSA can help parents complete and file Voluntary Declarations of Paternity at no cost. If voluntary establishment is not possible, the LCSA can initiate a court action to establish paternity, arrange for genetic testing, and represent the custodial parent in paternity proceedings at no charge. The LCSA has the authority to order genetic testing and can use simplified procedures that make paternity establishment faster and less expensive than private court actions. For parents who need assistance but are not receiving public benefits, the LCSA provides paternity establishment services for a small application fee.

If paternity is later disproven through genetic testing or court action in California, the legal and financial consequences can be complex. If a court determines that a man previously established as the legal father is not the biological father, the court may set aside the paternity judgment. However, even if paternity is disproven, the court may not set aside the judgment if it would be detrimental to the child. Courts consider factors such as the length of time the man acted as the father, the child's age, the nature of the relationship, and whether setting aside paternity would harm the child's welfare.

Regarding child support arrears (past-due support), the law varies depending on the circumstances. If a man successfully challenges paternity within the allowed time frames, courts have discretion to relieve him of future support obligations and may forgive accumulated arrears. However, if significant time has passed and the man has acted as the child's father, courts may require continued support based on equitable estoppel principles, meaning he is estopped from denying paternity due to his conduct. If paternity is set aside, the local child support agency may be required to refund support payments collected, though this depends on the specific circumstances and court orders.