In parentage cases, also called “paternity cases,” the court makes orders that say who the child’s legal parents are. If parents are married when a child is born, there is usually no question about parentage. The law assumes that the husband is the father and the wife is the mother, so paternity is automatically established in most cases.But for unmarried parents, parentage of their children needs to be established legally.
Establishing parentage means obtaining a court order or signing an official Declaration of Paternity that says who the legal parents of a child are. For example, if the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until parentage is established. So even if a father can prove he is the biological father of a child, if he was never married to the mother, he does not legally have any rights or responsibilities for the child. For that, parentage must be established legally.
Establishing parentage is necessary before a court will order custody, visitation, or child support. You can ask the judge for child support or custody and visitation orders as part of a case that establishes the child’s parentage. If a person does not admit that he or she is the parent, the court may order the alleged father, mother, and child to submit to genetic testing.
Once a person is established as the father or mother of a child, he or she will have all the rights and responsibilities of a parent:
If a person is established as a legal parent of a child, that person must financially support the child.
It is a crime for a legal parent to fail to support his or her child. A legal parent also has the right to get custody or visitation rights related to the child.
Establishing parentage is very important for a child. First, the child gets the emotional benefit of knowing who both of his or her parents are. And, legally, it entitles the child to the same rights and privileges as those of a child whose parents are married.
These legal rights and privileges are:
Once parentage is established, the court can make orders for child support, health insurance, child custody, visitation, name change, and reimbursement of pregnancy and birth expenses. Without establishing parentage, the court cannot make orders regarding these issues, so if one parent needs child support and the other will not pay voluntarily, the court will not be able to order child support until parentage is established.
The law will presume a person is a child’s other parent under the following circumstances (unless proved otherwise to a court). For example, John will be presumed to be the child’s other parent if:
There are 2 main ways to establish parentage when the child’s parents are not married:
A voluntary Declaration of Paternity is a California governmental form that, when signed by both parents, establishes them as the legal parents of the child. The form must be signed voluntarily. No one can force either the father or the mother to sign the form. The purpose of the Declaration of Paternity is to officially and legally establish who the father of the child is when the mother and father are not married to each other.A properly signed Declaration of Paternity has the same effect as a court order establishing paternity for the child, without anyone having to go to court.
Once the declaration is signed, the form must be filed with the California Department of Child Support Services Paternity Opportunity Program (POP) in order to be effective.
In general, a man who is being told that he is the father of a child has the right, if he is not completely sure he is the father, to request a genetic (DNA) test to find out for sure if he is the father of that child.
DNA is the biological material that determines a person’s physical characteristics. It is found in almost all of the cells in the body, and each person’s DNA is unique.Some of a person’s DNA coding is inherited from the mother. Some of the DNA coding is inherited from the father. Therefore, by comparing the DNA coding of a mother, father, and child, their parental relationship can be established.Because saliva contains DNA (as does the rest of the body), samples of a person’s DNA can be taken by gently rubbing a sterile cotton squab (like a Q-tip) inside his or her mouth.
If the Department of Child Support Services performs the test, normally there is no charge to either named parent. If the court orders the named parents to get DNA testing, there may be fees of several hundreds of dollars to have the testing done. The court will NOT accept private DNA testing as evidence in a paternity case unless the court has ordered the test. If the court orders DNA testing, it will provide the named parents with the information they need to get the tests done.The court will not accept DNA tests done at home or in a private medical facility.
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