What You Need to Know About Paternity Laws in California
An unmarried father may be granted custody of his child, although it varies by circumstance. Here’s everything you need to know about paternity laws in California.
There are no inherent father’s rights in California. Child custody is awarded based on the child’s best interests. However, a judge may rule that it is in the best interest of a child to grant an unmarried father custody rights.
Parentage and Child Custody Basics
In paternity cases, the court makes orders regarding who the child’s legal parents are. If a child is born to a married couple, the courts do not question the parentage. The law assumes that the married couple is the child’s legal parents. So, in most cases, legal parentage is automatically established. For unmarried parents, the parentage of children needs to be legally established.
Related: Child Custody Laws in California for Unmarried Parents
An unmarried father does not automatically receive parental rights. The courts have the discretion to decide which parents are granted custody and visitation rights, as well as child support and other responsibilities. There are four main factors that courts consider when determining the best interests of a child. They are:
- The health, safety, and welfare of the child,
- The nature of the relationship between the child and each parent,
- A history of abuse against the child (and by whom), and
- Each parent’s use of illegally controlled substances and/or prescribed controlled substances
Related: What The “Child’s Best Interests” Mean in California Courts
Establishing Parentage
Establishing parentage requires obtaining a court order or signing an official declaration of parentage or paternity stating the identities of a child’s legal parents. Without established parentage, an unmarried father does not legally have any rights or responsibilities for the child. In a case where two people have a child out of wedlock, the child does not have a legal father. It is necessary to establish parentage for a court to make an order about custody, visitation, or child support. If a father does not admit that he is the parent, the court may order the alleged father, mother, and child to take genetic testing.
Once a legal father is established, he will have all the rights and responsibilities of any other legal parent. This includes the right to request custody and visitation orders from the court so that he may legally visit his child. The legal father will also be held to his responsibility in paying for child support, and other health and child-care costs. A court can make orders for child support health insurance, child custody, visitation, name change, and reimbursement of pregnancy or birth expenses. The court cannot make these orders without established parentage.
How to Establish Parentage
There are two main ways to establish parentage when a child’s parents are not married:
- Signing a voluntary declaration of parentage or paternity (see a sample copy of the voluntary declaration here) OR
- Getting a court order
A voluntary declaration of parentage or paternity is a form that when signed by both parents, establishes them as a child’s legal parents. It must be signed voluntarily; no one can force or coerce another individual to sign it. Its purpose is to officially and legally establish who the parents of the child are when the parents are not married to each other. Once signed, the form must be filed with the California Department of Child Support Services Parentage Opportunity Program to be effective.
Related: Filing and Obtaining a Paternity Judgment in California
If one wants to establish parentage on their own, they must fill out and serve several court forms. Here are the steps to file a parentage case:
1. Fill out the proper court forms.
- Petition to Establish Parental Relationship form [FL-200]
- Summons (Uniform Parentage — Petition for Custody and Support) form [FL-210]
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form [FL-105/GC-120]
2. Make at least 2 copies of all the forms.
One copy is for the petitioner, one is for the other child’s parent, and the original is for the court.
3. File the forms with the court clerk and pay the appropriate filing fee.
4. Serve the papers on the other parent.
An individual other than the petitioner must serve forms FL-220 and FL-105/GC-120 to the other parent.
5. File the petitioner’s proof of service.
The individual who served the other parent must fill out the Proof of Service of Summons (Family Law—Uniform Parentage—Custody and Support) form [FL-115] and give it to the petitioner to file with the court.
6. Wait 30 days.
The responding parent has 30 days from the date he or she was served with the petition to file a response with the court.
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If you have any more questions about paternity laws in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!