Whether you need to establish the paternity of your child, or fight a false claim, the experienced attorneys at Kendall Gkikas & Mitchell, LLP will be there for you every step of the way. We have experience representing both mothers and fathers in paternity disputes, and we will do our best to help you through this emotional and confusing process.
But don’t wait until a problem comes up! Take steps now to protect your rights and your child’s rights. When it comes to establishing paternity of a child, the sooner the better.
Why paternity matters – and why sooner is better!
Regardless of how long you have been together, if you are not married, it makes sense to legally establish the paternity of your child as soon as possible. There are benefits to everyone involved:
- The parents will already have established their legal right to ask for visitation and custody of the child if the relationship ever breaks up.
- The child has a right to receive financial support from its legal parents. This can also include health insurance, health care and child care costs. The child also will have the right to inherit from the parents and to receive any Social Security or veteran’s benefits.
- The child will also have the right to access family medical history.
And of course, if you know that you are not the father, you want to be sure that you aren’t stuck with responsibilities you didn’t ask for. If you are in a situation where you are presumed to be the father of a child and don’t challenge paternity early on, you could be liable for supporting the child—even if you prove later that you are not the biological father!
How is paternity established under California law?
In California, if the couple is married, the law simply presumes that the husband is the father. If the parents were not married, the child will not have a legal father named until parentage is established—which can be done in several ways.
How is paternity established when the parents aren’t married?
If both parents are present at the hospital when the baby is born, they can agree to sign a voluntary declaration of paternity form. By signing the form, the father acknowledges that he is the legal father and his name will be put on the child’s birth certificate. This can also be done later—if the father agrees.
A second way to establish paternity is by getting a court order. A paternity suit may be brought by the father, an expectant mother, the local child support agency, or even an adoption agency.
If the case goes to court, the judge will have the authority to order a DNA test. And if an alleged father refuses, the law says that a refusal to take a DNA test can be considered evidence of paternity. In addition, a court would also have the authority to order visitation, custody, and payment of attorney fees and testing expenses.
Ask us your questions ASAP
If you are facing a paternity dispute, you will have plenty of questions about what to expect and how it could affect your rights and responsibilities in the long run. Make an appointment today with the paternity law experts at Kendall Gkikas & Mitchell, LLP Call 909-482-1422 or email info@parents4children.com to set up your initial consultation now.
