Paternity

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A paternity action determines the identity of the parent of a child using genetic testing. Once parentage is established a person has all of the rights and responsibilities of a parent, including issues surrounding child custody, visitation and child support. It is important to take legal action to establish paternity in order to ensure that your child is adequately cared for by both parents.

Reasons for Establishing Parentage of a Child

Establishing parentage is very important for a child. First, the child gets the emotional benefit of knowing who both of his or her parents are. And, legally, it entitles the child to the same rights and privileges as those of a child whose parents are married.

These legal rights and privileges are:

  • Financial support from both parents;

  • Legal documentation identifying both parents;

  • Having the names of both parents on the child’s birth certificate;

  • Access to family medical records and history;

  • Health and life insurance coverage from either parent;

  • The right to inherit from either parent; and

  • The right to receive social security and veteran’s benefits, if available.

Once parentage is established, the court can make orders for child support, health insurance, child custody, visitation (parenting time), name change, and reimbursement of pregnancy and birth expenses. Without establishing parentage, the court cannot make orders regarding these issues. So if 1 parent needs child support and the other will not pay voluntarily, the court will not be able to order child support until parentage is established.

How is Paternity Established?

In California, the parents who are married or in a domestic partnership are presumed to be the child’s legal parents. Unmarried people face the challenge of determining parentage before the Court can issue child custody, visitation or child support orders. If paternity is contested, the Court may order genetic testing of the father, mother and child.

Contact our firm to discuss your paternity case. We will educate you and explain the necessary steps that you need to take in order to protect your rights and responsibilities.