Parentage (paternity) actions in California can be a complex area of family law. Parentage action refers to a legal proceeding initiated to determine the legal father of the child and define the rights and responsibilities of the parents in relation to their children. Parentage actions are typically initiated between nonmarried persons in situations where the paternity of the child is in dispute.

How is a Child’s Parentage Established in California?

PRESUMPTION OF PARENTAGE:

Under California law, certain presumptions of parentage exist. For example, if a child is born during a valid marriage or within 300 days of the cessation of a marriage, the spouse or former spouse is presumed to be the child’s parent.

VOLUNTARY DECLARATION OF PARENTAGE:

Unmarried parents can sign a Voluntary Declaration of Parentage (VDOP) form acknowledging the child’s legal parents for placement on the Birth Certificate. This form can be signed at the hospital, county vital records office, or local child support agency.

GENETIC TESTING:

Genetic testing, such as DNA tests, can establish biological parentage or confirm or refute a person’s claimed parentage.  The court can order genetic testing when a parentage action is filed.

When are Parentage Actions Initiated?

Paternity actions in California are typically initiated in the following circumstances:

UNMARRIED PARENTS:

When a child is born to unmarried parents, paternity may need to be established to determine the legal rights and responsibilities of the alleged father.

DISPUTED PATERNITY:

When there is a disagreement or uncertainty about the biological father of a child, a paternity action may be filed to establish or refute paternity if not precluded by law.

CHILD SUPPORT:

Paternity actions can be initiated to establish the legal father of a child for the purpose of determining child support obligations.

CUSTODY AND VISITATION:

Paternity actions can also be filed to establish the legal father’s rights to custody and visitation with the child.

It is important to note that establishing paternity not only grants legal rights and responsibilities to the father but also benefits the child. The child gains access to financial support, medical benefits, inheritance rights, and the opportunity to develop a meaningful relationship with both parents.

How Can an Attorney Help with Parentage Action?

It is highly advisable to seek the assistance of an experienced family law attorney in a parentage action. Parentage actions can involve complex legal issues, and having legal representation can greatly benefit you throughout the process. Our attorneys at Antonyan Miranda have a deep understanding of the legal process, including the specific requirements, deadlines, and procedures involved. They can guide you through each step, ensuring that you meet all the necessary legal obligations and protect your rights. A parentage action can have significant long-term implications for your parental rights, custody arrangements, child support obligations, and more. Our attorneys will work to protect your rights and ensure that your interests are safeguarded throughout the process. They can also provide guidance on post-judgment matters, such as modifications or enforcement of court orders.

Antonyan Miranda has represented all angles of parentage actions and understands what your rights and limitations may be. Call us at 619-696-1100 to speak with one of our Concierge attorneys, or visit us at www.expertdivorcelaw.com for more information.