Paternity Testing in California
Paternity testing in California – What to Know
There are several key issues you need to know about paternity testing in California. If you are married to someone at the time of conception are you automatically the parent? What if you are married to the mother when the baby is born? If you are determined to be the father of a child, what are your financial responsibilities and for how long? What does the court require to make a determination for paternity? This article will help you save time and money before you purchase paternity tests. You do NOT need a parentage case if:
You and the other parent are unmarried but signed a voluntary Declaration of Paternity. Click if you signed a voluntary Declaration of Paternity and now want the court to make custody, visitation, or child support orders.
You are married to the other parent (or, after January 1, 2005, are registered domestic partners, but talk to a lawyer to make sure).
The local child support agency already filed a parentage and child support case in court.
You and the other parent are involved in a domestic violence restraining order case, AND you both agree to parentage of your child and to the court entering a judgment about parentage. Read and use Agreement and Judgment of Parentage (Form DV-180) to do this in your restraining order case.
From Paternity Testing in California article: “California law presumes that a married couple is the legal parents of any offspring of the union. This automatic establishment of paternity is sufficient in most cases. State law also recognizes this automatic establishment of paternity with regard to registered domestic partners. This law came into effect on January 1, 2005. Accordingly, any children born of a domestic partnership after this date are considered the legal offspring of the registered couple.
When the parents are not married, it is essential to establish parentage in California. Usually, this entails getting a court order to that effect or signing a “Declaration of Paternity” document that is filed with the state. If parents are not married at the time of conception or at the time of the child’s birth, then the child does not legally have a father unless or until parentage is established. This is an essential first step as custody, visitation and support rights cannot be granted by the court until the child has a legal father.
Sometimes, the mother and father can agree to raise and supporting their child together with relatively little difficulty. However, when paternity is in doubt, these cases can become muddled and frustrating. When this occurs, it’s common for the court to order both parents and the child to submit to genetic testing.”
Read the entire article at Paternity Testing in California.