Establish paternity is the process to determine who the father of the child may be. Establishing paternity is usually required before a child support order can be imposed. Although paternity proceeding can be complicated and detailed, there is no need to take this step alone. Contact one of our attorneys here at ABA Family Law Group at 818-352-0800 to set up a free consultation for one of our attorneys to meet with you to discuss your case to determine what may be the best strategy to proceed with.
There is more than one way to establish paternity for the child. The relationship between the parents at the time of conception is a factor that is considered to determine paternity. To discuss these factors further, speak with one of our attorneys at ABA Family Law Group today to set up a free consultation to the get the answers you are looking for.
If Parents Were Married at the Time of Conception
“Presumptive children”: Pursuant to California Family Code § 7540, the child of a wife cohabitating at the time with her husband, who is not impotent is sterile, is conclusively presumed to be a child of the marriage. This “conclusive presumption” is subject to rebuttable through a court-ordered genetic test. However, please note that the test must be requested within two years of the child’s birth (California Family Code § 7541(b).)
If Parents were Unmarried at the Time of Conception
If the parents were not married at time of conception, the State of California adopted a process pursuant to California Family Code §7570 et seq. A hospital administrator will give the man identified as the father by the mother a voluntary declaration of paternity form. If the form is executed by the man and filed with the State Department of Child Support Services, the declaration establishes the paternity and has the same effect as a judgment of parentage issued by the court.
Court Ordered Genetic Testing to Establish Paternity
In a civil action in which paternity is a relevant fact, the court must order the alleged father to submit to genetic testing on the motion of any party. The request for genetic testing must be made within a reasonable time before the hearing, but the court has broad discretion to determine what constitutes a “reasonable” time.
However, you must have “standing” to request a genetic testing. California Family Code § 7541 limits standing to the husband, child, mother, and a “presumed parent.” If you do not fit those categories, then the court will not order genetic testing to establish paternity. You can see the full definition of a “presumed parent” by reviewing California Family Code § 7611.
If you have questions about your divorce proceeding, please contact one of our attorneys so we can set up a free consultation to evaluate your case and determine the best strategic direction to proceed. Our attorneys here at ABA Family Law Group have close to 38 years of legal experience. Let us put that experience to work for you. Contact us at 818-352-0800 to make an appointment to review your case.