How to establish paternity california is a critical question for unmarried parents. Establishing parentage california determines who is the legal father, triggers child support obligations, and gives the father rights to seek custody and visitation. California offers two primary paths: voluntary declaration of paternity and a court paternity action.
Voluntary Declaration of Paternity
A voluntary declaration of paternity is the simplest way to establish paternity. Both parents sign a Declaration of Paternity form (DCSS 0909) — available at the hospital at birth, at the California Department of Child Support Services, or at the county clerk's office. Once signed and filed with the California Department of Child Support Services, the declaration has the same legal effect as a court judgment of paternity. Both parents have 60 days to rescind the voluntary declaration of paternity after signing. After 60 days, rescission requires a court order showing fraud, duress, or material mistake of fact.
Paternity Test California — DNA Testing
A paternity test california through the courts is ordered when parentage is disputed. The court can order a DNA test under Family Code section 7551. Paternity test california results with 99%+ probability of paternity are treated as conclusive. Dna test child custody proceedings use the same DNA results to establish both the legal relationship and the basis for custody and support orders. A paternity test california can be court-ordered even if one party refuses — the court can draw negative inferences from refusal.
Presumed Father California
Presumed father california status arises automatically in certain situations: a man married to the mother at the time of birth; a man who signed a voluntary declaration; or a man who received the child into his home and openly held the child out as his own. Presumed father california status can be challenged within two years of the child's birth or within two years of the man learning he may not be the biological father. Furubotten Law, APC handles paternity proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.