Rizio and Nelson California Law Blog

In legal terms, paternity is establishing who is the father of a child. In the case of married couples, it is assumed that the husband is the father. In the case of unmarried couples, it is required to establish paternity by filing a Declaration of Paternity form.

The name of the father can be added to the child’s birth certificate only if:

– The Declaration of Paternity is signed in the hospital at the child’s birth;
– The form is signed later;
– Legal paternity is established through the courts and a fee is paid to add the father’s name to the
birth certificate.

Be sure to read and understand the document before you sign. It does not automatically grant custody of the child to the father if something should happen to the mother. It is used by the courts to determine child support, visitation, and child custody. In fact, paternity and child support are closely linked in the eyes of the court. If a person is established to be the legal parent of a child, it is their responsibility to provide support to that child. It is a crime if that person fails in this duty.

The same process is used in the case of registered domestic partners. It is assumed that both parties are the parents. In the case of same sex partners and spouses, it is advisable that legal counsel is obtained since the laws governing these cases are so new.

When there is disagreement between the parties as to paternity, the court can order genetic testing to determine without a doubt who the father of the child is. This process begins when either parent files a form to cancel a declaration of paternity. A hearing is scheduled that both parties must attend. If the testing determines that the father of the child is the person who signed the voluntary declaration of paternity, then all child support, visitation, and custody orders remain in effect. If the person in question is not the father, then the court will order that he is not the father.

Many of these cases are very complicated. Having a trusted attorney to help you through your case is very important, especially when the life of a child is affected by establishing paternity. The law offices of Rizio and Nelson can help you. They have the experience to help both fathers and mothers achieve the results they need.