Establishing Paternity in Orange County

Guidance from an Experienced Paternity Mediator

California is home to many nontraditional families. When a child is born to a married couple or a couple who have demonstrated a commitment and live together, it is assumed that your spouse or partner is the father. However, when a couple isn’t married or living together, there are additional steps spouses must take to establish paternity through the family law courts.

The benefits of establishing paternity are important and include:

• Ensuring that your child has financial support
• Benefitting from health insurance or public assistance
• Establishing the child as an heir to a father’s estate
• Allowing the biological father to be involved in your child’s life
• Allowing the biological father to assert his rights to raise the child

How Is Paternity Established in California?

If this form is not signed, a paternity action may be necessary. This happens when a mother, a public child support agency, an adoption agency, or the man who believes he is the father asks the court to help establish the biological father. The court will then ask the mother and alleged father to submit to genetic testing. If the father refuses, this may be used as evidence of paternity.

Disputing Paternity

Paternity disputes are often complicated, and each situation requires a specific process and paperwork.

Cases where paternity can be disputed may include those where:

• Both parents signed a voluntary declaration of paternity: In this case, you must complete a Voluntary Declaration of Parentage Rescission. This form has specific requirements as well as limitations, so it is best to speak with one of our paternity attorneys for assistance.
• Parentage is assumed because the parents were married: It is rare that a father can successfully dispute his paternity if a “conclusive presumption” is in place due to the parents being married at time of birth. Sometimes, even with evidence that disproves it, it cannot be disputed. If you suspect that you are not the father of your child, it is imperative that you discuss all the details of your situation with legal counsel from our team.
• Paternity was never determined: This is often at the very beginning of a parentage case, either when you and the mother were never married or if the child was born prior to marriage.

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