If you need to establish parentage or contest a child's Parentage, The Law Office of Stephanie White and our team of experienced Parentage attorneys can help. Our staff assists with establishing custody rights, taking court action for DNA testing, and more.
California Family Law Attorneys Can Help Establish Parentage
Establishing Parentage of a child is critical for both the father and the child. When the identity of the biological father is in question, issues with child custody, financial support, Social Security, and a variety of other factors concerning the minor child arise.
At The Law Office of Stephanie White, we can help you navigate the changing circumstances of a domestic relationship by verifying father-child relationship. We also assist with divorce cases and child support issues.
Grounds for Challenging Parentage in California
Under California law, if a child is conceived during marriage, the husband is the presumed parent. However, you can contest this legal presumption when infidelity is suspected. That said, you must present the court with some evidence that the other parent was indeed unfaithful during the time of the child's conception.
What Are the Benefits of Establishing Parentage (Paternity)?
The benefits of establishing Parentage will vary based on whether you are the primary custodial parent or not. If you are the mother and have full child custody, establishing Parentage in the court will help you establish an order regarding visitation and achieve the appropriate amount of child support.
As a biological father, a Parentage acknowledgment means you can seek visitation or shared child custody on a parenting plan. You can petition the court to enact a fair parenting plan based on the unique circumstances of your case.
As a presumed father, a timely Parentage order can determine your custodial and financial responsibility for a child conceived during your marriage.
We represent both parents and presumed parents in family law cases. Whether you are the mother of a child who needs a Parentage affidavit for child support purposes, a father who wants rights established, or a non-father who has been wrongly named as a child's father, our team can help.
How to Establish Parentage in California
There are three main ways that parents can establish Parentage in California State. They are as follows:
Presumption
The court presumes that the male half of an opposite-sex marriage is the father unless there is evidence that calls the Parentage into question. For instance, if the mother was unfaithful during the marriage or underwent fertility treatment without his knowledge or consent, the husband could contest whether he is the father.
Acknowledgment
If unmarried parents agree on who the father is at the time of birth, they are asked to fill out an acknowledgment form at the hospital. However, if one party contests Parentage, then the identity of the father would have to be verified.
Parentage Action
If there is any doubt about Parentage, lawyers will likely need to get involved to obtain a court order for Parentage testing. This test verifies the DNA of the child and compares it to that of the presumed father.
What Happens After Parentage Is Established?
What happens after Parentage is established will vary based on several factors, including the outcome of the test and the nature of the parents’ relationship.
If the test reveals a named father is not the child's biological father, the named father can be removed from their birth certificate and petition the court to remove any support requirements.
If the test confirms the identity of the father, The Law Office of Stephanie White can help you determine custody rights, a parenting plan, and support calculations.
Settling Parentage questions allows you to move forward with your life with a set schedule and established rights.
How Long Does a Father Have to Establish Parentage in California?
There is no statute of limitations on cases determining someone is a parent in California. This means that the child, mother, or father can file a petition to establish Parentage at any time. However, there is a time limit of two years to demonstrate someone is not a parent.