California Paternity Law

California Paternity Law – basic overview

When unmarried domestic partners are breaking their relationship, or anybody gives birth to a baby and needs to sort out their rights and obligations, under California paternity law they can start a legal action to Establish Parental Relations. This is a paternity action in California Superior Court that determines parenthood rights, child support, and establishes the future rights and privileges of parenting, i.e. a parenting plan, custody, visitation, and time-sharing arrangements.

 

California Paternity Law  DNA Testing and Parenting Plans

A person who is said to be the father of a child is entitled by California paternity law to a paternity DNA blood (or saliva) test to prove fatherhood. The alleged father is also entitled to legal counsel in a paternity case before fatherhood can be adjudged or denied and California guideline child support set. The court will award child custody and child support can depend on the circumstances, the parenting capabilities of the parties, and the parenting patterns established at the time the matter is brought to court, under California paternity law.

If the father is challenging the paternity, temporary child support may be awarded while it is determined whether the alleged father’s DNA test is positive. If the test is negative, the child support already paid can be returned to the paying party under California paternity law.

California Paternity Law for Domestic Partners

Domestic partners in California have nearly all of the legal rights and obligations of marital partners. This applies to the rearing of children. Things become much more complicated when there are children conceived through in vitro fertilization and through other high biotech systems. Lesbian natural mothers, in general, are treated the same as any mother, but lesbian egg donors and partners are not accorded full parental rights. Pre-birth agreements between the prospective parents can enhance the legal rights of a lesbian non-biological “mother”. Thus, it is always a good idea to consult a California family attorney about the rights to parent a child in a domestic partnership.

California Paternity Law Birth Certificates and Name Changes
In a paternity case, the parties can also request a name change for the child, or an amendment to the birth certificate to reflect the true parentage of the child under California paternity law.

What If The Other Party Is Lying?
A party can lie, and many do, even under oath. Such lies amount to “perjury”, a crime. Will they be punished? Rarely. Do we use their lies against them to our client’s advantage? Frequently.

How does Long Will It take?
A DNA test can be ordered in a matter of a couple of weeks and the results are available about two weeks later. Custody disputes in California can be resolved in as little as one phone call from a California family lawyer depending on the willingness of the parties to cooperate and work constructively together.

Why hire a lawyer?
Parenthood is a singular right and obligation. Without a skilled, aggressive, and knowledgeable California family lawyer, the parent is running the risk of many grave injustices, including over or underpayment of support, inappropriate custody arrangements, unworkable visitation and time-sharing plans, and other serious problems affecting their children’s rights, their finances, and their future.

 

In California, paternity law includes various critical considerations that can arise during a paternity action. Here’s a more detailed look at some key aspects:

1. Presumption of Paternity

California law establishes a presumption of paternity under certain circumstances, such as when a child is born to a married couple. If a man has openly claimed the child as his own, he may be presumed the father. In cases involving same-sex couples, this can be more complex, particularly when assisted reproductive technologies (ART) are involved. Genetic testing may be required to confirm or disprove paternity.

2. Parental Rights for Same-Sex Couples

Establishing parentage for same-sex couples who use ART is often different from traditional paternity actions. A non-biological parent can establish legal parentage through second-parent adoption or by securing a court judgment of parentage, ensuring both parents share equal rights and responsibilities toward the child.

3. Voluntary Declaration of Paternity

A Voluntary Declaration of Paternity is a document signed by both parents, usually at the child’s birth, to establish the father’s legal rights without a court order. This declaration has the same legal effect as a court judgment and grants the father parental rights, including child support obligations. Either parent can rescind this within 60 days, and in cases of fraud or error, it can be challenged later.

4. Paternity Fraud

Paternity fraud occurs when a man is wrongly identified as a child’s father. In California, the man may challenge the paternity judgment if DNA tests prove he is not the biological father. If successful, the court can set aside child support obligations, but reimbursement for previous payments is not guaranteed and is up to the court’s discretion.

5. Child’s Best Interest

In paternity actions, child custody, visitation, and child support are all determined based on what the court considers the child’s best interest. Factors include the child’s health, safety, emotional ties with each parent, and the stability of the home. Courts aim for arrangements that promote frequent contact with both parents unless it would be detrimental to the child.

6. Retroactive Child Support

Once paternity is established, California courts can order retroactive child support, which can cover a period starting from the child’s birth to the present. Depending on the case, this can amount to several years of unpaid child support. The court will review the financial situation of both parents before deciding the amount of retroactive support.

7. Surrogacy and Donor Agreements

Legal issues in paternity cases often arise when surrogacy or donor agreements are involved. California law supports surrogacy agreements, but disputes regarding parentage can occur if the legal rights of sperm or egg donors are questioned, or if the intended parents’ rights are challenged. Having legally enforceable agreements in place is essential to prevent paternity disputes in such situations.

8. Parental Responsibilities Post-Paternity

After paternity is established, fathers must provide child support according to California’s guidelines. These payments are based on each parent’s income and the amount of time they spend with the child. Legal recognition of paternity can also open the door to parental rights such as custody and visitation.

9. Enforcement of Paternity Judgments

When a parent fails to comply with a paternity or child support order, enforcement mechanisms like wage garnishment, property liens, or even jail time can be used. A paternity lawyer can help in enforcing these judgments to ensure the child’s financial needs are met.

10. Immigration Status in Paternity Cases

A parent’s immigration status does not affect their parental rights or obligations in paternity cases. California family law applies equally to all parents, ensuring that a child’s needs are prioritized regardless of immigration issues. For parents facing these challenges, working with a lawyer who understands both family and immigration law can be invaluable.

 

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