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Paternity

Temecula, California Paternity Attorney

Establishing your child’s legal paternity is a life-changing event not only for the child but for you and the other parent as well. Being the legal parent of a child carries with it many rights and responsibilities. In order to make sure this important legal relationship is created properly, and that all parties understand what it means, it is best to work with an experienced California paternity attorney.

It may be obvious to the mother and father of a child that they are the biological parents of the child. In the state of California, though, if the parents are not married, they must take legal steps to establish a legal relationship between the father and child. At Roberts & Zatlin Family Law, we work with both mothers and fathers in California paternity cases to make sure that their rights, as well as those of the child, are protected.

Why is it important to establish paternity legally? Doing so is necessary in order to:

  • Get child support that your child is entitled to
  • Get health insurance for the child from the other parent’s plan
  • Gain access to medical records and history for the child from the other parent
  • Allow both parents to have parenting time with the child
  • Allow the child to inherit from both parents under the law
  • I needed legal support in a couple of cases, and I decided to go with Kim Roberts because I saw right away that she was knowledgeable in those areas but at the same time very compassionate in the situation I was in. I am glad she is my attorney. Most people do not like their attorney. But she has the gift of practicing law. She is strong and aggressive.
    Elci


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California Paternity Law

When a child is born in California to an unmarried couple, establishing paternity requires more than simply naming a father on the birth certificate. There are a couple of ways to establish legal paternity.

One way to establish paternity in California is for the baby’s father to voluntarily sign a declaration of paternity form. This is often done at the hospital shortly after the child’s birth. If the father does not sign a declaration of paternity at the hospital, it can be done later but must be signed in front of a notary public or a public agency designated to accept these declarations. After signing, the process is completed by filing the declaration with the California Department of Child Support Services.

When a father signs a voluntary declaration of paternity, he waives the right to demand a DNA or blood test to establish that he is the biological father. He also gives up the right to demand a court trial on the issue of paternity.

A man who has signed a voluntary declaration of paternity can get back his right to challenge paternity under certain limited circumstances. He may submit a rescission of the declaration of paternity within 60 days of signing the declaration. This sometimes happens when a man has a reason to suspect he is not the child’s biological father.

Beyond this 60-day window, a declaration of paternity can be challenged in court up to two years after it was signed if either parent can prove, with DNA or blood test results, that the declared father is not the child’s biological father. Legal paternity can also be challenged in court if either parent can demonstrate that they signed the declaration of paternity under duress, or that their signature was induced by fraud.

There are other methods of establishing parentage besides a voluntary declaration of paternity. Either parent may start a court case to legally establish paternity. This is common when one parent refuses to sign a voluntary declaration of paternity.

  • I’ve worked with both Roberts & Zatlin and have nothing but wonderful things to say about them! Both are knowledgeable, skilled & liked by the court & judges. Their team is amazing & experienced! Thank you for all you do!
    Amanda

A court may also apply the common-law doctrine of “de facto parentage” to create a legal parent-child relationship between a child and an adult who is neither a biological nor adoptive parent, but who has acted in a parental role for the child. This doctrine is sometimes applied in cases involving same-sex couples, in which only one is the biological parent of the child.

Whether you are seeking to establish or challenge paternity, and whether all parties involved are cooperative or not, it is important to have good legal representation to preserve your rights. Roberts & Zatlin Law can help.

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Skilled, Compassionate Representation for Your Paternity Action

Establishing the paternity of a child is not only a legal issue but a deeply personal and emotional one. At Roberts & Zatlin Family Law Firm, we advocate for you throughout your legal matter without losing sight of your personal concerns.

Attorney Kim Roberts and Attorney Michael Zatlin concentrate their legal practice on California family law, including paternity and parentage matters. With over 30 years of legal experience combined they have protected the rights and safety of numerous clients involved in domestic abuse cases. Kim and Michael stand up for clients when they are in jeopardy and is a powerful advocate at every stage of the legal process.

Roberts & Zatlin, located in Temecula, serves clients in Temecula, Menifee, Hemet, Sun City, Wildomar, Winchester, Lake Elsinore, Riverside, San Bernardino, Orange County, Vista, San Diego, and throughout the Inland Valley. We invite you to contact us to schedule a consultation to discuss your paternity case. We look forward to working with you.

Common Paternity FAQs

Why is establishing paternity important if the parents are not married?

In California, if a child is born to unmarried parents, the father does not automatically have legal rights or responsibilities – even if his name is on the birth certificate. Establishing legal paternity is essential because it allows the child to receive child support, obtain health insurance through the father’s plan, access the father’s medical history, inherit from both parents, and have legally protected parenting time with the father. For fathers, establishing paternity is the only way to gain court-ordered custody or visitation rights. For mothers, it ensures the child has the financial and emotional support of both parents.

How do unmarried parents establish legal paternity in California?

There are two primary ways. The first is by signing a Voluntary Declaration of Paternity, typically at the hospital after the child’s birth or later before a notary public. Once filed with the California Department of Child Support Services, this document carries the same legal weight as a court order. The second way is through a court action, where either parent files a petition to establish paternity. The court may order genetic (DNA) testing to confirm biological fatherhood. An experienced paternity attorney can help guide you through either process and ensure your rights are fully protected.

Can a man challenge paternity after signing a voluntary declaration?

Yes, but only within strict time limits and under specific circumstances. A man has 60 days from the date he signed the voluntary declaration to file a rescission (legal withdrawal) without needing to prove anything – this is the only window to change his mind easily. After 60 days but within two years, he may challenge paternity in court only by providing DNA or blood test results proving he is not the biological father. After two years, challenging paternity becomes extremely difficult and is generally only allowed if fraud, duress, or a material mistake of fact can be proven. Because these deadlines are strict, prompt legal advice is critical.

What is a “de facto parent,” and can that person obtain parental rights?

Yes, under certain circumstances. California recognizes the concept of a “de facto parent” – someone who is not biologically or adoptive related to the child but has lived with the child, assumed the role of a parent, and formed a strong emotional bond. This doctrine is often applied in cases involving same-sex couples where only one partner is the biological parent, or in stepparent situations. A court may grant a de facto parent standing to seek custody or visitation if it finds that terminating that relationship would be harmful to the child. However, de facto parentage does not automatically create legal rights; it requires a court petition and clear evidence.

What happens if the alleged father refuses to sign a voluntary declaration or take a DNA test?

If a man refuses to acknowledge paternity voluntarily, the mother (or the state, if child support is sought through the Department of Child Support Services) can file a court action to establish paternity. The court can then order genetic testing. If the alleged father refuses to comply with a court-ordered DNA test, the court may deem him to be the legal father based on his non-cooperation alone (this is called a “default” finding). Once paternity is established by the court, child support, custody, and parenting time orders can be made – even if the father never agreed or participated beyond being served with legal papers.

Once paternity is established, does the father automatically get custody or visitation?

No. Establishing paternity gives the father the right to seek custody and visitation, but it does not automatically grant it. After paternity is legally recognized, the court will make separate determinations about physical custody (where the child lives and parenting time) and legal custody (decision-making authority) based on the child’s best interests. The same factors apply as in divorce cases: the child’s age and health, each parent’s ability to provide a stable home, and any history of domestic violence or substance abuse. An unmarried father who establishes paternity stands on equal legal footing with the mother when asking the court for parenting time.

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