Paternity

Legally establishing paternity is important to ensure that a father has parental rights and that the child has inheritance rights and access to financial support.

When Is It Necessary to Establish Paternity?

Paternity should be established when:

• The parents are not married at the time of the child’s birth
• There is a dispute over who the biological father is
• A father without custody seeks parental rights
• Child support is needed from the father

Ways to Establish Paternity

Voluntary Declaration: Both parents sign a voluntary declaration of paternity (also known as an Affidavit of Paternity). This is a straightforward and cost-effective process.

Court Order: A parent petitions the court to order a DNA test and legally establish paternity.

Rights and Responsibilities of an Established Father

• The right to custody and visitation with the child
• The obligation to pay child support
• The right to participate in decisions regarding the child’s education, religion, and medical care
• Inheritance rights if the father passes away
• Responsibility for medical expenses related to the child’s birth

DNA Testing

DNA tests are highly accurate (over 99%) in determining paternity. They can be performed with a simple saliva sample.

Support Orders

Once paternity is established, the court can order child support. The court will use established guidelines to calculate a fair amount based on both parents’ incomes.

What You Should Know

Establishing paternity is essential for protecting a father’s rights and ensuring that a child receives the financial support they deserve. If you have questions about paternity, our attorneys in Burbank and San Diego, California can help you understand your options and protect your family’s interests.