California state laws have various provisions to ensure that children are given the care and support they need, regardless of their parents’ marital status. If a couple who has a child together decides to end their marriage or relationship, it’s essential to determine paternity to establish legal rights. This article explores the process of determining paternity in a California divorce.
Presumption of paternity
Under California law, when a child is born to a married couple, the husband is presumed to be the biological father. This presumption can be overturned by the mother, the alleged father, or the child before the child’s second birthday. They will need to petition the court for a DNA test to establish paternity conclusively.
Voluntary declaration of paternity
Parents who are not married can establish paternity by signing a voluntary declaration of paternity at the hospital or the local child support agency. This document acknowledges that the man who signs it is the baby’s biological father, and both parents voluntarily waive their rights to genetic testing. To invalidate a voluntary declaration of paternity, either parent must file a legal challenge within two years of the document’s signing.
Genetic testing
Genetic testing is a reliable and straightforward way of establishing paternity. A DNA test compares the genetic markers of the child, mother, and alleged father to establish a biological relationship. In California, the court can order a DNA test at any stage of a divorce proceeding. If the test confirms the alleged father’s paternity, the court will issue orders for child-custody, visitation, and support.
The right to challenge paternity
Any interested party, including the child, the alleged father, or the mother, can challenge paternity in court. If the person who challenges paternity has a good reason for doing so, such as newly discovered evidence, the court will order genetic testing. The test results will establish the biological father’s identity, and the court will modify any prior custody, visitation, or support orders as necessary.
Conclusion
If you are contemplating a divorce in California or seeking child custody or support, it’s essential to determine paternity. The legal system provides several avenues for establishing paternity, including the presumption of paternity, voluntary declaration of paternity and genetic testing. If you have questions, you should consult a family lawyer with experience in paternity cases. With the right guidance, you can protect your child’s legal rights and secure your own.