SAN DIEGO PATERNITY CASE LAWYER: EXPERT LEGAL HELP 

Paternity Laws In California

At such a personal and emotional crossroads, the uncertainties surrounding paternity can feel overwhelming. Whether you are a mother seeking clarity or a father wanting to establish your rights, we understand that this is not just a legal matter – it’s about family, identity, and the well-being of your child.

At The Law Offices of Beatrice L. Snider, we approach each paternity case with care, compassion, and a deep understanding of the sensitive nature involved. Our team is committed to providing you with the legal support and guidance you need while protecting your rights and ensuring that your child’s best interests are at the heart of everything we do. We are here to listen, support, and stand by your side as you navigate this process.

Why is it Important to Establish Paternity?

Establishing paternity is important because it legally determines who the father of a child is under the California Family Code. This helps to provide the child with important benefits such as health insurance, inheritance rights, and access to family medical history. It also gives the father a legal right to be involved in the child’s life, including making decisions about the child’s education and welfare. Establishing paternity also helps to ensure that child support payments are made, which helps to provide for the financial needs of the child.

Establishing paternity can have a profound and lasting impact on your life. Once paternity is determined:

• The legal father may gain new rights and responsibilities
• The legal father may have the ability to seek visitation with his children
• The potential obligation to pay child support

How Long Does a Father Have to Establish Paternity in CA?

In California, a father has two years from the birth of a child to establish paternity. This means they need to legally acknowledge being the father and take steps to secure their parental rights. If they don’t, they may lose the opportunity to have a relationship with the child.

If a client questions whether or not he is the biological father of a particular child, DNA testing may be requested. The ability to contest paternity or require testing may be lost if not demanded within a certain limited period of time. As part of a judgment of paternity, the San Diego Family Court is empowered to make orders for child custody, child sharing and child support.

It should be noted the Court seals files in paternity cases. Copies of orders or pleadings are released to counsel or the parties only, unless there is a court order to release information.

How Do I Establish Legal Paternity in California?

To establish legal paternity in California, the biological father must sign a voluntary Declaration of Paternity form or a court order must be issued after a paternity lawsuit. This legally recognizes the father as the biological and legal father of the child.

If parties were not married at the time of the birth of a child in California, it is important to obtain a judgment of paternity. Although certain presumptions apply to a father who is listed on a birth certificate or has signed a form acknowledging paternity, without a judgment of paternity, the rights and obligations of each parent are not fully specified. Our paternity case lawyers have specialized experienced in this area of family law.

Circumstances Where Paternity is Presumed

Marriage at the Time of Birth: If the child is born during a marriage, the husband is automatically presumed to be the legal father, regardless of biological confirmation.

Parentage by Estoppel: When a man has taken on the role of the child’s father, providing care and support, even if he is not the biological father, he may be legally recognized as the father through “parentage by estoppel.”

Paternity Through the Court Process: In cases where paternity is disputed, the court can establish legal fatherhood through DNA testing or other evidence, granting the father legal rights and responsibilities.

What is a Paternity Action?

A paternity action is a legal process used to establish the identity of a child’s biological father. This process is important for determining the legal rights and responsibilities of both parents, including child support, custody, and visitation. For mothers, establishing paternity can ensure the child receives financial support from the father. For fathers, it is essential to gaining legal recognition, rights to parenting time, and involvement in important decisions about the child’s life.

Where to File a Paternity Action in San Diego

To file a paternity action in San Diego, you will need to go through the Family Court in the county. The appropriate court is usually determined based on where the child resides. Filing requires submitting specific forms, such as a Petition to Establish Parental Relationship, and may involve DNA testing if paternity is in dispute. Having an attorney like The Law Offices of Beatrice L. Snider can help ensure that all paperwork is completed correctly and that the case moves forward without unnecessary delays.

Get Help for Your Paternity Case in San Diego, CA

The Law Offices of Beatrice L. Snider, APC has experience in representing clients in paternity cases brought by both mothers and fathers. If there is a dissolution matter pending, a judgment of paternity can be established in conjunction with the dissolution of marriage, without the need for the filing of a separate action. Call the firm at (888) 860-8544!

Other FAQs About Establishing Paternity in California