A father with reason to believe he is or isn't a child's biological father can file for a paternity dispute. They have the right to ask for a genetic test, commonly referred to as a DNA test, to support their denial or insistence on paternity.
Remember, a child's parentage has a lot of legal implications for the parent. Hence, paternity is tied with financial and legal responsibilities.
Let's look at a more detailed discussion of paternity in California, as experienced by our prescreened family law attorneys in Los Angeles.
Why Should Parentage Be Established In California?
The child from two unmarried people does not have a legal father until real paternity is confirmed. Before the courts can make decisions about orders for the child's welfare, parentage must be verified.
This is because paternity will affect someone's responsibility for the following factors:
- Child support
- Parental visits/visitation rights
- Health-related costs and insurance
- Childcare expenses
- Child custody
That said, declaring parentage is a crucial decision and often irreversible. Therefore, you want to consult your prescreened California paternity lawyer to help you weigh your decision.
How Is Paternity Officially Declared In California?
A Declaration of Paternity is a document that enables both unmarried parents to freely certify that they are the child's legal parents. For future legal considerations, both parties must agree to sign the declaration because it is challenging to reverse a Declaration of Paternity.
After the child is born, it can be signed in the hospital, which means both parents' names will appear on the birth certificate.
The form must be personally signed by both parties at one of the following public entities if it is not signed at the hospital or in front of a notary public:
- Your California family lawyer or the higher court in your area
- Birth records
- Local child support organization
- Regional welfare agency
Remember, this is not a decision that's easy to reverse or take back. While it is possible in specific circumstances, the process ensures proof of parentage before it is officially declared. If anything's unclear or there are problems with your child's paternity, consult a California paternity law attorney for advice.
What If The Other Parent Leaves California?
If a man is presented with a petition to establish paternity but chooses to leave the state or country rather than provide his DNA for testing, the California courts may use the data they already have to determine parentage without him. After then, a judge may impose a child support order.
If the father's paternity has been proved, all states must abide by the paternity declarations made in other states and take appropriate legal action. This implies that anyone—male or female—who leaves the state to forego paying child support is nonetheless liable for the regular payments set down by the court in the state where the judgment was made and always will be.
Child support is never waived or absolved of responsibility. Court-ordered child support payers may be made to pay through financial judgments brought against them or may lose rights and licenses crucial to their livelihood until they make good on their debt.
If you're running into problems getting your child's other parent to fulfill their legal responsibilities, contact a California family law attorney ASAP. You want to ensure you and your children get what you legally have the right to.
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