Child Visitation, Legitimation and Paternity in California

San Diego CA Child Visitation and Paternity Lawyers

In the state of California the rights and responsibilities that go along with parenthood are clear when a married couple who have children together are going through a dissolution of marriage proceeding. However, these matters can be clouded when the parents of the children aren’t married, so the issue of legal paternity of the father can sometimes be raised. There are cases when the mother wants to prove paternity so that the appropriate child support payments will be made and ideally open the door for the biological father to play an ongoing parental role in the life of his child or children. On the other side of the spectrum, there are instances when a man wants to prove his paternity so that he can participate in the life of his child.

Though paternity can sometimes be a matter of contention that needs to be settled through the family court system, when unmarried couples have a child or children and have no disagreements about the parentage of the father, all they have to do is file a Voluntary Declaration of Paternity. This is often done right in the hospital at the time the child is born, but it can also be filed at a later date, and the document can be obtained at the child support agency or the Registrar of Births. If one or both of the individuals involved are unwilling to sign a Voluntary Declaration of Paternity, the state allows for genetic testing to determine parentage. Such testing would typically be ordered after a complaint to establish parental relations has been filed with the California Superior Court.

Once the parentage has been legally established, whether it is by mutual agreement or court order as a result of DNA testing, the father will assume all of the rights and responsibilities of legal parenthood. This includes the right to seek physical and/or legal custody, and should he not seek or be granted custody, he is entitled to visitation rights. A legal determination of parentage also makes him responsible for making child support payments as determined by the California state child support guidelines.

If you have any questions about child visitation, legitimation and paternity, contact a San Digo CA family lawyer to arrange for a free consultation.