How to Establish Paternity in California Courts?

One establishes paternity (or parentage) when he or she is one of the parents of a minor child, is not married to the other parent, and wants the court to make custody and visitation orders, child support orders, or both, relating to that child.

When parents are married, the court does not question who the child’s father is. If parents are not married, the court cannot assume that any particular person is the child’s father; that must be established.

Why Establishing Paternity Matters

Establishing legal parentage is more than identifying a child’s biological father. It establishes a legal relationship between a father and child, ensuring that rights and responsibilities are enforceable. A legally established father can seek custody or visitation, participate in decisions about education or healthcare, and provide financial support. For children, paternity provides inheritance rights, access to medical benefits, Social Security survivor benefits, and the security of knowing both parents are recognized under the law.

Without paternity, a child may be left without financial or emotional stability, and a father may be denied the right to maintain a meaningful relationship with his child.

Consulting with an Attorney

The first step is to consult with an attorney. Although you may not require an attorney, it is preferred to ensure you meet all legal and procedural requirements, as the process can be extensive and time-consuming. An attorney will also ensure your rights are protected by obtaining proper service of documents on the necessary parties.

Experienced family law attorneys can help evaluate whether a voluntary acknowledgment is sufficient or whether a formal court process is necessary. They can also represent you in contested hearings, where issues such as child custody, visitation schedules, and support payments may complicate the case.

Filing the Petition to Establish Paternity

After you consult an attorney, in all cases, you file a Petition to Establish Paternity (Family Law form FL-200). On that form, you provide pertinent information regarding yourself, the other parent, and your child.

You must also confirm that the other parent resides in the county where you file or that your relationship in that county resulted in the birth of your child. If the child’s father signed a Voluntary Declaration of Paternity, it must be indicated on the form and attached. The petition also allows you to request custody and visitation orders, child support, reimbursement of birth-related expenses, and attorney fees.

The Response from the Other Parent

Once the petition is filed and served, the other parent has thirty days to file a Response (Family Law form FL-220). In this document, they provide their facts and requests.

Suppose the other party does not respond within the deadline. In that case, the parent who filed may proceed with a default judgment, allowing the court to issue orders regarding custody and support without the non-responding parent’s participation. These default judgments are legally binding and enforceable in court.

DNA Testing and Proof of Parentage

In contested cases, the court may order genetic (DNA) testing. A certified laboratory compares the child’s DNA with the alleged father’s. When results show a 99% or greater probability, the court can establish legal parentage.

DNA testing is particularly important when multiple individuals may be possible fathers, when an alleged father disputes parentage, or when the mother refuses to sign a voluntary declaration. Courts may also order testing at the request of the Department of Child Support Services if a parent applies for assistance.

The Role of Child Support Services

The California Department of Child Support Services (DCSS) can independently file actions to establish parentage. This is common when a custodial parent applies for government assistance or seeks enforcement of child support. DCSS has the authority to petition the court, arrange genetic testing, and enforce support orders once paternity is confirmed.

When DCSS is involved, parents must still appear in court; however, the agency ensures that the process moves forward and that support obligations are legally binding.

Legal Presumptions of Paternity

Under California’s Uniform Parentage Act, certain presumptions apply:

• If a child is born during marriage, the husband is presumed to be the father.
• If a man attempted to marry the mother before or after the child’s birth, the law may presume paternity.
• If a man received the child into his home and openly held the child out as his own, legal parentage may be presumed even without biological ties.

These presumptions are powerful but can be challenged in court through evidence or genetic testing.

Amending Birth Certificates

Once paternity is established, the court can order the child’s birth certificate to be amended to include the father’s name. This is often necessary for fathers seeking recognition in school or medical contexts and for children needing proof of legal parentage for benefits or inheritance.

Disputes and Disestablishment of Paternity

There are cases where a presumed or acknowledged father later disputes paternity. A motion to set aside a judgment or declaration may be filed if new evidence, such as DNA testing, shows the man is not the biological father. California courts impose strict deadlines on these motions, and failure to act quickly can leave a man legally responsible for a child who is not biologically his.

Special Situations

• When the mother is married to someone else: The husband is presumed father, but another man may still file a petition to establish parentage.
• Assisted reproduction: Paternity disputes may arise when sperm donors or surrogacy agreements complicate the child’s legal parentage.
• Military service: Fathers stationed overseas may file petitions through legal representatives, but timing and jurisdiction can complicate proceedings.
• Posthumous claims: If a father passes away before paternity is established, the child or mother may still seek parentage for inheritance or survivor benefits.

Consequences of Not Establishing Paternity

If parentage is not established:

• A father has no legal right to custody or visitation.
• A child may not receive financial support, medical insurance coverage, or inheritance.
• The mother may carry the entire financial burden of raising the child.
• Legal uncertainties can impact decisions about the child’s future, including adoption or relocation.

Costs, Timeframes, and Practical Considerations

Establishing paternity may take several months, depending on the complexity of the case and court availability. Uncontested cases with voluntary declarations may conclude quickly, while contested cases with DNA testing and hearings may take longer.

Costs include court filing fees, attorney fees, and, in some cases, the cost of genetic testing. Low-income parents may qualify for fee waivers, and DCSS involvement can reduce the cost of enforcement actions.

Parents should maintain organized records, respond to court deadlines promptly, and prepare for hearings by gathering documentation that supports their case.

FAQs About Establishing Paternity in California

Do I need DNA testing if we already signed a Voluntary Declaration of Paternity?

Not usually. A properly signed and filed declaration has the same effect as a court judgment.

Can I establish paternity years after my child is born?

Yes. Parentage actions may be filed until the child becomes an adult, and in some situations, even after, if financial obligations or inheritance rights are at stake.

What if I missed the 30-day response deadline?

The court may enter a default judgment against you. An attorney can advise if there are options to set aside the default.

Can paternity be established after the father has died?

Yes. Genetic testing using relatives or other evidence can be used to establish parentage for inheritance and benefits.

What if two men claim to be the father?

The court may order DNA testing to determine biological parentage and apply legal presumptions to decide custody and support.

Can grandparents or other relatives file a paternity petition?

In limited situations, relatives may file when necessary to protect the child’s rights, especially if one or both parents are absent.

Get Legal Help from Reape Rickett

If you are dealing with a paternity case, the experienced attorneys at Reape Rickett can provide the guidance and representation you need. From filing petitions and responding to claims to challenging or defending presumptions of parentage, our team works to ensure your rights and your child’s rights are protected.

Visit Reape Rickett today to schedule a consultation and take the first step toward clarity, security, and legal protection for your family.