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Paternity - Fathers' Rights

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What Does Establishing Paternity Mean?

Establishing paternity is about legally confirming who a child’s parents are. Think of it as creating an official document that states, “These are the people responsible for this child” This process is crucial for fathers who want to be recognized as a parent and be involved in their child’s life, or for mothers who want to establish the paternity of a minor child, ensuring the best interests of the child are met. It often requires a Family court order that officially identifies the legal parents.

Traditionally, women filed to get child support from the father. However, today more men are filing to secure their rights to see and care for their children. As more children are being born outside of marriage, and many men are now primary caregivers, it has become important for men to ensure they can stay in their children’s lives.

At Progresso Legal Group, we focus on the best interests of children, working with parents to create a better environment and quality lifestyle. We help educate children with values and physical, mental, and emotional strength. When we assist dads with custody and visitation in family court, we start by gathering all the facts and setting expectations. This helps clear up common misconceptions and myths about California child custody for dads.

Understanding Paternity Cases

A parentage case, also called a paternity case, is needed in California when a child is born to parents who are not married or when assisted reproduction is used with sperm or egg donation.

Unmarried Parents: If the parents weren’t married when the child was born, the court must establish who the child’s parents are before making decisions about custody, visitation, or child support.

Assisted Reproduction: If the parents used assisted reproduction with sperm or egg donation, the court needs to establish parentage, unless the donation was from their spouse.

Either parent or the Department of Child Support Services (DCSS) can start a parentage case. The case can also include requests for child support, custody, and visitation orders. A parentage judgment can help the child receive support, inheritance rights, or Social Security benefits. The court where you file depends on where you live in Los Angeles.

For instance, a mother might file a paternity case to prove who the father is and to get child support. Imagine Maria filing a paternity case to make sure her child, Juan, gets financial help from his father, Carlos. On the other hand, a father might file a case to spend time with and take care of his child. Consider John filing a paternity case to ensure he can visit and care for his daughter, Emma, after separating from Emma’s mother.

Why Is Establishing Paternity Important?

When parents are not married, there can be confusion about who the legal father is. Establishing paternity is important because it gives the father legal rights and responsibilities, like the right to see their child, make important decisions about their child’s life, and provide financial support. For fathers who might feel they’re being kept out of their child’s life or manipulated, establishing paternity is the first step to ensuring they can have a meaningful relationship with their child.

How to Establish Paternity:

Establishing paternity is an important legal process that determines the biological father of a child. This can be done in a few different ways, depending on the circumstances and the agreement between the parents.

The process starts with either parent filing the case in court. If there’s a question about who the father is, a genetic (DNA) test can be ordered. The test provides the court with 99% certainty about whether a man is the father. Using the test results, the court decides if the man is the legal father and then determines child support, custody, and visitation rights. Here are the main methods:

1. Voluntary Declaration of Paternity
The Voluntary Declaration of Paternity is a straightforward process often used when both parents are in agreement about the identity of the father. Here’s how it works:

What It Is:
A legal document that both parents sign to acknowledge that they are the child’s biological parents.
When It’s Used: This form is typically used when the parents are not married but agree on who the father is.
The Process:

The form can be signed at the hospital right after the child’s birth or later at a local child support agency, welfare office, or vital records office.

By signing this form, both parents are voluntarily acknowledging paternity, which means they are agreeing that the man signing is the biological father of the child.

Once signed, the father’s name can be added to the child’s birth certificate.

This document has the same legal effect as a court order establishing paternity and can be used to establish child support, custody, and visitation rights.

2. Court Order

A court order is another way to establish paternity, especially when there is uncertainty or disagreement about who the biological father is. Here’s a breakdown of this process:

What it a Court Order: A legal determination made by a court that identifies the biological father of a child.
When It’s A Court Order Used: This method is used when:

There is a dispute or doubt about paternity.
One party is not willing to sign the Voluntary Declaration of Paternity.
The mother is seeking child support or the father is seeking custody or visitation rights.

3. The Process of a Paternity:

Either parent can file a petition with the court to establish paternity.
The court may order genetic testing (DNA test) to determine biological parentage.
DNA samples are usually taken from the mother, child, and alleged father. This can be done through a simple cheek swab.
The results of the DNA test are highly accurate and can confirm paternity with nearly 100% certainty.
Based on the results, the court will issue an order that establishes paternity. This order has the same legal implications as the Voluntary Declaration of Paternity and can be used to determine child support, custody, and visitation arrangements.

Establishing paternity is crucial for both legal and emotional reasons. It ensures that the child has access to benefits such as financial support, health insurance, inheritance rights, and access to family medical history. It also allows the father to have a relationship with the child, including rights and responsibilities associated with parenting.

When Is Someone Presumed to be the Parent?

The law sometimes automatically assumes someone is a child’s parent, based on certain conditions, like:

What Happens After Paternity Is Established?

Once paternity is established, the legal parents must support the child financially. In California, not supporting your child can even be considered a crime. Legal parents also have the right to seek custody or visitation, meaning they can spend time with their child and make important decisions about their child’s upbringing.

Rights of Unmarried Parents

Unmarried parents are in a different legal situation than married couples.
The mother is automatically recognized as the legal mother and obtains legal and physical custody upon giving birth.
However, an unmarried father must legally establish paternity to have rights.

Child Visitation

What is Reasonable Visitation?

Reasonable visitation means the non-custodial parent (the parent the child doesn’t live with most of the time) gets some time with the child. This usually includes:

Every other weekend
Every other weekend

What one parent thinks is reasonable might not seem fair to the other parent.

Court Intervention

When parents are unable to reach an agreement, the custodial parent usually makes the decisions. The non-custodial parent may need to return to court to enforce or modify orders.

The court always makes decisions based on the best interests of the child.

How Courts Decide Visitation

f there is no agreement, the judge will typically set a standard schedule:

Alternating weekends
One weekday evening
Holidays alternated yearly or divided by schedule
Father’s Day is usually assigned to the father
The child’s birthday is alternated each year

Supervised Visitation

What is it?
It is ordered when the court determines that one parent may pose a risk or requires supervision.

In California, there are:

Professional supervisors
Family supervisors

Impact
Although it may feel uncomfortable or humiliating, professional reports can demonstrate that a parent is responsible and caring.

Proper Use
Supervision can show commitment and care, and may also reveal overprotection or parental alienation. The child’s safety is always the primary goal.

Why choose Progresso Legal Group for paternity cases?

Progresso Legal Group has years of experience handling paternity actions. We focus on the best interests of children, working with parents to create a better environment and quality lifestyle. We help educate children with values and physical, mental, and emotional strength.

At Progresso Legal Group, our Los Angeles paternity attorneys are dedicated to supporting California’s father’s rights. For over 25 years, we have been helping fathers build and maintain relationships with their children, even when their relationship with the child’s mother has changed.

We understand that parental rights can be complex and challenging. Our Los Angeles County paternity lawyers offer compassionate and knowledgeable legal guidance to help you understand and enforce your rights, ensuring your children have the positive parental relationships they deserve.

If you are a father seeking to strengthen your bond with your child, contact Progresso Legal Group today. Let us help you navigate your legal options and support you in creating a brighter future for your family.

WE HAVE BEEN SERVING HISPANIC FAMILIES WITH THEIR LEGAL PROCESSES FOR MORE THAN 25 YEARS

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