Establishing paternity, also called establishing parentage, means creating a legal link between a child and their biological or intended father. This legal relationship ensures that the father has the right to seek custody or visitation and the responsibility to provide child support. When parents are married, the law generally assumes the husband is the father. However, when parents are unmarried, paternity must be legally established.
Until a court order or official declaration is filed, the father has no legal rights to the child, even if he is biologically related or involved in the child’s life. This means he cannot make decisions about the child’s care or request custody or visitation through the courts. Likewise, the child may be unable to access benefits such as inheritance, health insurance, or social security from the father.
Establishing paternity provides important protections for everyone involved. The child gains legal access to support, medical history, and financial stability. Mothers can protect their rights to enforce support orders and other custody matters. The father gains the legal right to participate in the child’s upbringing and make parenting decisions. That includes being able to ask for custody as a father.
Legal paternity allows for:
If you are an unmarried father, it is essential to understand that your involvement and presence do not automatically give you legal rights. Those must be established through either a signed declaration or court action.
Establishing paternity is especially important when:
Working with a Los Angeles paternity lawyer ensures the process is handled properly, minimizing delays and preventing complications later on.
In California, there are two primary ways to establish paternity: by voluntarily signing a Declaration of Parentage or by obtaining a court order.
This is the simplest option. When both parents agree on who the father is, they can sign a Voluntary Declaration of Parentage (VDOP), a legally binding document that establishes the man as the child’s legal father. This is often done at the hospital when the child is born, but it can also be completed later through a public agency or child support office.
Once filed with the California Department of Child Support Services, the declaration has the same legal effect as a court order.
Important considerations:
If there is disagreement or uncertainty, either parent can file a Petition to Establish Parental Relationship with the court. This begins a legal process to determine paternity, which may involve:
Our family law attorneys can guide you through every step—from filing the petition to appearing in court—ensuring your rights are protected.
Once paternity is legally recognized, both parents gain specific rights and responsibilities. The father can request legal and physical custody, parenting time, and a say in decisions about the child’s upbringing. The mother can seek child support to help provide for the child’s needs.
For the child, this legal recognition opens the door to:
Paternity can also play a critical role in situations involving domestic violence, neglect, or family relocation. Establishing paternity allows the court to intervene when necessary to protect the child’s welfare.
Yes. Under California law, a man can be declared a legal father even if he is not biologically related to the child. This often happens when:
This concept, known as presumed parentage, protects long-standing parental relationships even in non-traditional families. If you’re facing a dispute over legal versus biological parentage, it’s important to speak with a paternity attorney in Los Angeles who understands California’s nuanced family law system.
If a man denies he is the father of a child, or if multiple individuals claim to be the father, the court will likely require genetic testing. These tests are highly accurate and typically involve a painless cheek swab.
Once paternity is either confirmed or ruled out, the court can issue final orders. If paternity is confirmed, the man will have legal rights and obligations related to the child. If testing excludes him, the court will dismiss the claim.
We represent both mothers and fathers in contested paternity cases and can help you present your case clearly and effectively in court.
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When paternity isn’t established:
Whether you’re a father seeking to protect your paternal rights or a mother trying to provide for your child, establishing paternity is a critical step in building a secure future.
They are often used interchangeably, but “parentage” is the legal term used in California law to refer to the legal relationship between a child and a parent. “Paternity” specifically refers to the legal father.
Yes. Paternity can be established at any time after the child is born, through either voluntary declaration or court action.
Revoking a declaration is extremely difficult. You must act quickly and meet strict legal requirements. Contact a paternity lawyer immediately if you believe a mistake was made.
Yes. The non-biological parent may need to file legal documents to be recognized as a legal parent, especially if the couple is not married or using assisted reproduction. Our attorneys can help with this process.
No. The court will not issue custody or visitation orders until paternity has been legally determined.