A biological parent of a child has a legal obligation to financially support that child until he or she reaches the age of majority, typically 18. This is true whether the biological parents of the child were married for many years or they had a one-night stand and never saw each other again. For obvious reasons, determining the mother of a child is usually not an issue, but determining the father of a child is critical for obtaining court-ordered economic assistance from that father via a child support order in California.
Why Proving Paternity Becomes an Issue
When the parents were married at the time the child was born, the courts will presume that paternity exists (which means that the court will accept that the husband is the father without further evidence, but the husband can introduce evidence that he is not in fact the father), but, where there was no marriage (at least not at the time the child was born), the mother will have to establish in court the paternity of the father before the court will order child support.
Likewise, if a father wants to gain custody rights or even visitation rights with the child, but he was never married to the mother, he too will have to establish paternity. In addition to child support and custody/visitation matters, establishing paternity can be necessary where the child wants to receive government benefits based off the father’s parentage (e.g. VA benefits) or where either the child or the father is seeking to inherit via the state laws of intestacy (where a person dies without a will and his or her assets go to relatives) from one another.
The Mechanics of Proving Paternity in CA
Ideally, where the parents of a child were not married at the time the child was born, they can voluntarily agree with one another to establish paternity by having the father sign a Declaration of Paternity which can be found at many public agencies. By signing this document, the father will then be obliged to pay child support and will also have the right to pursue custody and/or visitation rights.
Where either of the parents opposes signing the voluntary Declaration of Paternity, then the parent seeking to establish paternity will need to initiate a court action to do so. The parent will file a Petition to Establish Parental Relationship with the court, in which that parent will tell the court all of the issues that he or she is attempting to litigate, including a request for child support, as well as the costs of childbirth and the attorneys’ fees involved in seeking support. If you are seeking child support, you will also have to file an income and expense declaration with the court which will be used in calculating a child support award.
This filing will also need to be served upon the other parent with a summons to appear in court. The other parent will then have an opportunity to respond to the filing. If the other parent denies paternity, then the court will most likely order DNA testing to take place to conclusively establish paternity. The cost of the tests will likely be paid by the parties although the court may award those costs to the party seeking child support.
Proving Paternity is Worth It
Although the process of proving paternity may feel complicated and burdensome, child support payments over the course of a child’s life can add up to many, many thousands of dollars and so the benefit to a supporting parent and child is well worth the cost and potential hassle of pursuing a paternity order. Furthermore, an experienced California family law attorney can guide you through the process to help you win the maximally beneficial award with the least amount of delay.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.