10630 Town Center Drive, Suite 102
Rancho Cucamonga, CA 91730
Rancho Cucamonga, CA 91730
Establishing paternity—more broadly called legal parentage in California—determines who has the legal rights and responsibilities of a parent. When someone is not already recognized as a child’s legal parent, establishing parentage may be necessary before the court can issue orders addressing child custody, visitation, or child support.
Depending on the circumstances, parentage may be established voluntarily or through family court. California also recognizes situations in which legal parentage does not depend solely on a biological relationship.
When eligible parents agree about parentage, they may be able to establish it by signing a Voluntary Declaration of Parentage (VDOP). A properly completed and filed declaration generally has the same force and effect as a judgment establishing parentage.
When the parties disagree, cannot use a VDOP, or need the court to resolve related issues, a parentage case may be necessary.
Eligible parents can often sign a VDOP at the hospital after the child is born. It may also be completed later through other authorized procedures.
The declaration must satisfy California’s legal requirements and be filed with the California Department of Child Support Services to take effect. Once effective, it establishes legal parentage without requiring a judge to decide the issue.
Signing a VDOP can have significant legal consequences. Someone who is uncertain about parentage should understand those consequences before signing.
A court proceeding may be necessary when the parties disagree about who the child’s legal parent is or cannot establish parentage voluntarily. In a parentage case, the court can determine the legal parent-child relationship.
Once parentage is established, the judge may also issue orders involving:
All American Law can help clients understand how a parentage proceeding may affect these related rights and responsibilities.
Genetic testing can be important when biological parentage is disputed. In appropriate cases, a California court can order genetic testing, and a local child support agency may arrange testing in a parentage and support case.
However, a DNA result does not always resolve legal parentage on its own. California recognizes several legal parentage presumptions and circumstances in which a person may be a legal parent despite not having a genetic relationship with the child.
The legal significance of genetic testing, therefore, depends on the facts and the existing legal relationship.
California provides procedures for challenging a VDOP, but strict deadlines and requirements apply. A parent can generally rescind a VDOP within 60 days of signing it. After that period, setting aside a declaration requires a court proceeding, and different deadlines and legal grounds may apply.
The available procedure can depend on how parentage was originally established, when the challenge is made, and the reason for disputing it. An existing judgment or legal presumption of parentage can complicate the issue.
Waiting to address disputed parentage can limit the legal options available.
Legal parentage creates both rights and responsibilities. Once someone is established as a legal parent, that person can seek custody and visitation orders and may have a legal obligation to financially support the child.
Parentage can also affect matters such as inheritance and eligibility for certain benefits. Establishing the legal relationship can therefore have consequences that extend beyond a child support case.
Not always. Eligible parents may establish legal parentage voluntarily without genetic testing. Testing may become relevant when biological parentage is disputed.
A person who has not already been legally recognized as a parent may need to establish parentage before obtaining enforceable custody or visitation rights.
California allows a VDOP to be rescinded within a limited period and provides procedures for challenging it in certain other circumstances. Different deadlines and legal requirements can apply depending on the situation.
Questions about parentage can directly affect custody, visitation, child support, and a parent’s relationship with a child. Determining how parentage has been or should be established can clarify what legal steps are available.
For more information, contact our experienced California paternity lawyers at All American Law, by calling 909-944-8880 to schedule a free consultation.
We serve all through Rancho Cucamonga and its surrounding areas. Visit our office at:
All American Law
10630 Town Center Drive Suite 102
Rancho Cucamonga, CA 91730
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