A Father and the Process to Establish Parentage and Paternity
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Paternity actions are legal proceedings used to officially identify a man as the father of a minor child. These actions are important because they can affect child custody, visitation rights, and child support agreements. Since paternity cases can be emotionally charged and have a significant impact on a child’s future, it is vital to ensure that the rights and interests of the minors are protected.
Officially recognizing a man as the father of a minor child is only the beginning of a long process that does not end when the child turns 18, but continues throughout their entire life. It is important to understand that parents are not made automatically, nor are they born knowing how to be one; they are formed over time.
Remember, there is no universal parenting manual, as every situation is unique and must be addressed considering its own circumstances — one at a time — without forgetting that we are working with families and the development of children, who will become the future.
The task is simple and at the same time difficult: learning to unlearn in order to relearn, reeducate, and work with parents to ensure the better development of their children. At Progresso Legal Group in Los Angeles, we have been supporting families for over 25 years.
We understand that managing paternity matters represents a major commitment and can present challenges, especially when circumstances change and children struggle to connect with their biological parents. Official recognition as a father occurs at birth through a Voluntary Declaration of Paternity or through the family court system.
This article aims to explain certain paternity actions; however, it is general information only and should not be considered legal advice. For detailed and proper guidance, it is essential to consult a family law attorney who can accompany and guide you throughout the process.
In California, only legal parents can make custody and visitation decisions and are obligated to provide financial support to their children.
Who Is a Legal Father?
You are considered a legal father if you meet any of the following conditions:
- You are the biological father of the child (and not a surrogate father)
- You were married to or in a registered domestic partnership with the other parent when the child was born or conceived
- Both parents signed a declaration establishing them as legal parents
- A judge declared you the legal father through a court process (such as child support or adoption)
Assisted Reproduction and Surrogacy
Special cases such as assisted reproduction and surrogacy have their own regulations that determine legal parentage.
If You Believe You Should Not Be Considered the Legal Father
“Determination of parentage” is a legal process that confirms or denies your legal paternity, either through a court order or a voluntary declaration.
Importance of Legal Parentage
Being a legal father involves both rights and responsibilities. This includes:
- The ability to request custody and visitation
- The obligation to provide financial support for your children
- The right to have your name appear on the child’s birth certificate
- The possibility for the child to inherit and obtain financial benefits such as Social Security or U.S. citizenship if the legal father is a citizen
At Progresso Legal Group, we serve families in the city and county of Los Angeles. We specialize in various areas of family law, and with nearly three decades of experience from our California family law attorney, we break down certain types of cases depending on the circumstances we handle:
Child Custody:
We represent parents in child custody disputes, helping them secure their rights and ensure the health, safety, and well-being of their children. For example, if a parent wants their child to live with them most of the time (physical custody) or have the authority to make significant decisions for the child, such as medical treatments (legal custody), we can assist with these matters.
Community Property:
In California, assets acquired during the marriage are shared and must be divided equitably in a divorce. If a couple is divorcing and needs to divide their house or bank accounts (community property), we represent their interests to ensure a fair division. We also handle the enforcement of prenuptial or postnuptial agreements that affect property division.
Divorce:
Divorce involves several critical decisions, such as dividing assets and determining custody and support for children. We support our clients through the unique challenges of each divorce case. For example, if a couple chooses to divorce without blaming each other (no-fault divorce), we help demonstrate that the marriage is irreparably broken in order to finalize the divorce.
Paternity:
Establishing paternity is essential for custody and child support matters. For example, if a child is born to unmarried parents, we can assist in filing a paternity action to legally recognize the father. This step is crucial for determining parental rights and responsibilities.
These examples illustrate how we guide our clients through the complexities of family law, ensuring their rights are protected and advocating for the best interests of them and their children.
Establishing Parentage or Paternity of a Father
If you are not legally recognized as the father, you need to establish paternity or parentage in order to obtain rights and responsibilities over minor children. This is fundamental to be able to request custody, visitation, and financial support (child support) for the child.
If both parents are legally recognized as biological parents of the child, they can request custody and support orders directly in court. If paternity has not yet been legally established, this process must be completed first so that a judge can issue such orders.
For example, if a man believes he is the father of a child but was not married to the mother at the time of birth, he must legally establish his paternity in order to have custody rights and the obligation to provide financial support.
Ways to Establish Paternity
Signing a Voluntary Declaration:
One example is when you and the other parent can establish your child’s legal parentage without going to court, simply by signing and filing the Voluntary Declaration of Paternity (VDOP) form with the state.
This form is typically signed at the hospital when the child is born but can also be signed later.
Once filed, the VDOP has the same effect as a family court order. If either parent changes their mind, there is a limited time to cancel the Voluntary Declaration of Paternity (VDOP). If you have questions, contact your local Self-Help Center before signing the VDOP.
Asking the Family Court to Determine Parentage:
A judge can decide who is — or is not — the legal parent of a child through a paternity or adoption case.
You can ask your local child support agency to open a case to establish paternity and child support orders. For more information, you can get free help from the Family Law Facilitator in your county.
If you are unsure whether you or someone else is the child’s father, you can start a paternity case and ask the judge to decide. If there are doubts about who the biological father is, the judge may order genetic testing. However, the judge will consider several factors — not just genetics — to decide whether someone is a legal parent. A judge may determine that someone is the legal father even if there is no genetic relationship.
Can a Child Have More Than Two Legal Parents?
If you received court documents asking a judge to decide whether you are a legal parent —
If you received a Petition to Establish Parental Relationship (form FL-200) and a Summons (form FL-210), someone is asking a judge to determine whether they or you are the legal parent of a child. Learn about your options if you received a Petition to Establish Parental Relationship.
If you received a Summons and Complaint Regarding Parental Obligations (form FL-600), the Local Child Support Agency (LCSA) has filed papers asking the court to order you or the child’s other parent to pay child support. They may also be asking the court to determine whether you and the other person named in the papers are the child’s legal parents.
At Progresso Legal Group in Los Angeles, we have been supporting families for over 25 years. Our Los Angeles paternity lawyer believes in the fundamental rights of parents in California. We believe that committed and responsible fathers should have access to their children to positively influence their future, even if their relationship with the child’s mother did not work out. Unfortunately, parental rights are not equal for everyone.
Marriage and Paternity:
When children are born within a marriage, there are rarely questions about who the parents are. California law assumes the wife is the mother and the husband is the father, automatically establishing parentage. The names of both parents appear on the birth certificate, and both are responsible for their children’s physical, emotional, psychological, and financial care.
This law also applies to parents who are registered domestic partners at the time of the child’s birth, granting them the same rights as married couples when they have children together.
Paternity Outside of Marriage:
Outside of these two identifiable relationships, parentage in California can become more complicated. Unfortunately, this can leave unmarried fathers out of their children’s lives until they take the legal steps necessary to obtain or regain their place.
Our Los Angeles County paternity lawyer can provide the guidance and legal advice you need to assert your parental rights, ensuring the positive parental relationships your
children deserve. Contact us today to learn more about your legal rights and options.
If a man has a child with a woman he is not married to, he may not automatically be recognized as the father. He will need to take legal action to establish paternity and ensure his right to be involved in his child’s life, including custody and visitation.
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Derecho de los padres
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