Paternity Attorneys In Bay Area California

WHAT IS NEEDED TO ESTABLISH PATERNITY IN CALIFORNIA?

In California, paternity can be established in different ways:

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• Marital presumption of paternity — If the couple is married at the time the child is born, the husband is legally assumed to be the father. The marital presumption can be overcome if DNA or another form of genetic testing shows another man has a 99% chance of being the father. The marital presumption does not apply in situations where the couple has obtained a legal separation from the court.
• Voluntary acknowledgment of paternity — If the couple is not married, the father can complete and submit a voluntary paternity acknowledgment form at the time of the child's birth. A court hearing is still required to legally establish paternity and make court orders with regards to the child. However, if the father has signed this form, he is presumed to be the father.
• Genetic testing — Genetic testing is the study of genetic markers contained in body samples such as hair, saliva, blood, skin and other tissue to determine the probability of a genetic relationship between two people. If the father denies or has doubts that the child is his, the court can order mandatory genetic testing. If there is any doubt regarding paternity, genetic testing is always a good idea.
  

WHEN DOES A FATHER GAIN RIGHTS TO HIS CHILD?

A father will gain enforceable rights to pursue custody and visitation once a court has legally found him to be the father (this is called adjudication). In California, an unmarried father must be adjudicated before he has enforceable rights to his children. 

Once adjudicated as a father, courts will order terms including the custody, visitation and support of a child. The court will typically enter a temporary order, which will become permanent unless challenged.