According to California law, paternity can be established through one of two legal avenues. In many cases, the parent will elect to sign a voluntary Declaration of Paternity. In other cases, a paternity test may be ordered by the court to determine the identity of a child’s biological father. Unfortunately, establishing paternity can be much more complicated than most would like to assume. In short, paternity means establishing that a person is the legal father of a child.
In the state of California, paternity must be established through a legal process, and this must be completed before the courts can decide on issues such as child custody and child support. When addressing issues related to establishing paternity, it is important to hire a skilled attorney to assist you throughout the legal process.
Complications in Paternity Cases
While many people believe that establishing paternity is fairly straightforward, they are not entirely correct. Paternity cases can be incredibly complicated and difficult to resolve, depending on the circumstances of the birth and the relationship status of the parents. According to California state law, when a married couple (or a couple who have registered as domestic partners) has a baby, they are assumed to be the child’s parents, and they are automatically established as the legal parents at the time of the birth. However, if a couple is unmarried, the father has two options: to voluntarily sign a declaration of paternity or to request a paternity test. Generally speaking, it can be wise for an unwed father to request a DNA test, since signing a declaration of paternity has long-term implications regarding the responsibility to raise the child.
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