Are you looking into the possibility of establishing paternity in California? Are you trying to decide what this means and how to navigate it? Establishing paternity is crucial as it establishes your child’s rights, allows you the legal rights owed to your child, and holds a significant weight in your child’s identity.
In this article, we will share what paternity is, why it’s important, how to establish it in California, and some other key facts like rights and responsibilities. We hope to guide you in better understanding the laws around establishing paternity and answer questions you may have. Let’s walk through this together.
Why is Establishing Paternity Necessary?
Establishing paternity is an important decision and carries a significant weight for all involved. You may be looking into this process if you’re a single mother in hopes of gaining assistance from your child’s father, like child support.
You may be a father who is searching for ways to obtain your legal rights to and with your child. There are many other circumstances in which you may find yourself here. Regardless, this process means a lot to you.
Benefits of Establishing Paternity in California
Establishing paternity in California offers significant advantages for the child and both parents. These advantages range from medical history to receiving parental benefits. Below is a list of benefits and why they are helpful.
- Access to Medical History — Once paternity is established, children can gain access to their family’s complete medical history, allowing them and their caretakers to make more informed decisions for the children’s wellbeing.
- Parental Access to Medical Records — Establishing paternity gives both parents access to the child’s medical records.
- Health Insurance Coverage — When paternity is established, children have the legal right to be covered by their father’s health insurance, giving them access to necessary healthcare services.
- Benefits from Parents — Along with healthcare benefits, children can receive other benefits like social security or veterans benefits if paternity is established.
- Legal Authorization for Parents — A parent who is legally established gains the authority to sign important documents and be a part of the decision-making processes for said child.
- Inheritance Rights – Once paternity is established, those children now have legal rights to inherit from their parents. Securing a financial future or having the right to specific assets may be an important benefit to establishing paternity.
- Emotional Connection and Identity – Most likely one of the least fought over, but possibly the most significant benefit that comes along with establishing paternity is the emotional connection that it gives to the child. They now have some way of identifying themselves and connecting to their family.
As you can see, the significance of establishing paternity is wide and varied but is vital to certain aspects of the child’s and parent’s lives.
How to Establish Paternity in California
There are several recognized methods to establish paternity in California. This variety allows each party to initiate the process.
Voluntary Declaration of Paternity (VDP)
VDP is established when both parents sign the form at the hospital when the child is born. This voluntary acknowledgment legally establishes paternity.
Court Initiation
Each parent has the right to initiate a court case known as a ‘Petition for Custody and Support.’ In this legal process, a judge can issue specific directives and instructions like custody, visitation, child support, etc.
A paternity court case can be initiated by these individuals:
- The parent who gave birth to the child.
- A person who believes they are the biological parent of the child.
- A child who is at least 12 years old.
- An adoption agency.
- A child support agency working on behalf of a single, legal, and biological parent.
Court-Ordered Paternity Testing
In the case of a disagreement or paternity uncertainty, the court can order genetic testing to confirm the biological parentage. If a suspected parent refuses to test, the court may consider this refusal as evidence of paternity.
There may be some other things to consider in this process, like how recreational and medicinal marijuana use may impact your custody rights.
Rights and Responsibilities
Additionally, establishing paternity holds immense significance for all parties involved. Legally, recognizing a child’s father through paternity ensures rights and responsibilities for everyone.
While we have already covered many of these rights above in the benefits section, we want to address the specific responsibilities that establishing paternity brings about. A father who has had paternity established gains the responsibilities involved in caring for a child, including financial support and involvement in the child’s upbringing.
Paternity Presumption in California
The state of California also operates with a ‘presumption’ law. The law asserts a ‘marital presumption,’ indicating that if a child is born during a marriage or within 300 days of a marriage’s termination (divorce, annulment, or death), the husband is legally presumed to be the father.
Another presumption applies when a man openly holds a child out on his own, welcoming the child into his home and assuming parental responsibilities. This presumed paternity status operates irrespective of biological ties.
These legal presumptions highlight situations where paternity is automatically assumed under California law.
Turn to The Gorski Firm For Your Paternity Case
Understanding and establishing paternity in California is a significant task for parents and children. The process provides legal recognition and tights and fosters emotional connections for the child’s well-being.
If you need assistance in any of these processes, The Gorski Firm is here to help. We will guide you through this process and ensure your legal and emotional well-being is our top priority. We can also help parents create parenting plans and obtain court orders for the proper statutory amount of child support.
Contact us today to schedule a consultation.
