Elements Required to Establishing Paternity in the State of California. The State of California has a reputation for being a very progressive state. The same can be said for family law, as lawmakers constantly attempt to keep up with the demands and necessities of nontraditional families. Here we will highlight important elements you should know when it comes to establishing paternity in the State of California. If you are seeking to establish paternity in California, seek the legal expertise of a knowledgeable attorney who has experience in handling paternity cases. Paternity law in California can be highly complex and difficult to understand, seek the legal advice of an expert who can guide you through the necessary steps. When your legal right to a relationship to and with your minor children is in question, call Redlands paternity lawyer Crista Haynes, serving San Bernardino & the Inland Empire. Ms. Haynes is the only female California Bar Certified Family Law Specialist in Redlands, CA and offers compassion and experience in family law cases.
A Brief Overview of Paternity in the State of California
California will generally use the following terms interchangeably: parentage, paternity, or parental relationship. By establishing paternity, this will typically refer to the concept that a child’s parents or a California court have determined the minor’s father. There are a few instances where California law will assume the identity of the child’s father:
If either of these three circumstances are nonexistent in a family dynamic, it is likely that paternity will not be established.
One of the easiest forms of establishing paternity is by doing so voluntarily. In this scenario, the minor’s mother and father will mutually agree to sign a Voluntary Declaration of Paternity. In California, when unmarried women give birth in a medical setting, they are typically given this form. If a male is present during the infant’s delivery, the man can acknowledge responsibility of the child by signing the form. His name will then be added to the infant’s certificate of birth, which will then establish his parental rights to the infant.
In the event that any one of the parents is under the legal age at the time of the child’s birth, the form will not be valid until 60 days after the underage parent has turned 18 years old. This form is important in many other aspects outside of a family law case but with regard to the California family law courts, having this can save some time and case work when working with issues of paternity.
Another common method of establishing paternity is through a court process. Under current law, any of the following parties may ask a judge for an order on a minor’s paternity:
To Start a Paternity Case, Seek the Legal Expertise of an Attorney
Paternity cases in California can be complex and difficult to endure. Establishing paternity can offer many benefits to both father and child. If you are seeking to establish paternity in California, consider obtaining the legal support of a trusted family law attorney.
The Haynes Law Firm is highly experienced in the area of establishing paternity cases in family law in the State of California. The firm is dedicated to vigorously protecting for the rights of parents seeking paternity rights. Attorney Crista Haynes is a California Bar Certified Family Law Specialist Crista Haynes and is available to consult. She and her firm, help parents in Riverside and San Bernardino County including San Bernardino, Riverside, Yucaipa, Loma Linda, Banning, Beaumont, Calimesa & Highland and surrounding.