Parentage, formerly called paternity, involves determining the legal parent of a child. In California, establishing parentage can significantly impact both the parent’s and the child’s lives, influencing everything from emotional bonds to legal rights. Below, we’ll break down how parentage is established in California and why it is important to do so.
5 Methods of Establishing California Parentage
There are a variety of methods available for adults who wish to establish parentage of their children. The most common methods include:
1. Voluntary Declaration of Paternity
One of the simplest ways to establish California parentage is through a Voluntary Declaration of Parentage (or Paternity). This is a form both parents sign if they agree on the parentage of the child. It is often signed at the hospital right after the birth of the child but can also be completed later (although delaying may cause issues for parents trying to establish parentage later). Signing this form is equivalent to a court order that establishes paternity without going to court.
2. Genetic (DNA) Testing
If there is uncertainty or dispute about a child’s biological parent, either of the Parties (or the Court upon its own initiative) can require the child, birthing parent, and alleged genetic parent to submit to genetic testing . In California, this typically involves a simple cheek swab from the child and the potential parent. Genetic testing is highly accurate and is often used to settle parentage disputes in court cases.
3. Court Order
If the parents cannot agree on parentage, either parent can file a parentage action in court. If parentage is contested and a DNA test can confirm biological parents, the court may order a DNA test. This is then used by the court as grounds to decide whether or not the child is biologically related to the adult in question.
4. Adoption
Legal parentage can also be established through the adoption process. This is common in cases where a non-biological parent wishes to become a legal parent to a child.
5. Acknowledgment in Court
In some cases, if a parent has openly treated a child as his or her own and has not been contradicted by the biological mother, the parent may be recognized through what is known as “presumed parentage.” Under such circumstances, there are various statutory factors the Court will consider in making a determination as to whether an individual meets the criteria for classification as a “presumed parent.” For example, a person is presumed to be the natural parent of a child if that person and the child’s natural mother are or have been married to each other and the child was either born during the marriage or within 300 days after the marriage is terminated by death, annulment, divorce, or a judgment of legal separation. As another example, a person is presumed to be the natural parent if he or she receives the child into his or her home and openly holds out the child as his or her natural parent.
Rights After Establishing Parentage
After establishing parentage in California, parents gain several significant legal rights and responsibilities that impact their relationship with their children. These rights are designed to ensure that the child benefits from the involvement of both parents in their lives. Here’s an overview of parents’ rights and obligations in California after parentage is established:
1. Custody and Visitation
Parents have the right to request custody and visitation (now commonly referred to as “parenting time”) arrangements. California courts operate under the principle that a child benefits from having both parents actively involved in their upbringing unless there’s evidence that suggests otherwise (e.g., cases involving domestic violence). As such, establishing parentage in California provides standing for either parent to pursue custody and visitation rights in connection with his or her child.
2. Decision-Making Authority
In addition to custody and visitation (i.e. physical custody), once parentage is established, parents have the right to participate in important decisions regarding their child’s life (i.e. legal custody considerations), provided that the Court determines it is in the child’s best interest to have both parents participate in such decision making. ). This is commonly referred to legal custody, which includes the right to make decisions relating to the child’s education and schooling, religious upbringing, medical care and treatment, extracurricular activities, and other important areas concerning the child’s welfare.
3. Child Support
Both parents are responsible for the financial support of their child. Establishing parentage means that both parents have a legal obligation to support their child, which may involve paying child support.
4. Health and Insurance Coverage
As part of a child support order, one parent may be required to provide health insurance for their children if it is available at a reasonable cost.
5. Inheritance Rights
Children have the legal right to inherit property and assets from a legally recognized parent. This can be important in the absence of a will or trust, as California has specific statutory provisions referred to as Intestate Succession Laws, which provide for distribution of the decedent-parent’s estate proportionally to biological children and grandchildren, depending on which natural family members survive the decedent-parent.
Take the Next Step Toward Protecting Your Legal Parenting Rights
Understanding parentage in California is vital for any parent navigating the legal implications of parenthood. From determining parentage with DNA tests to recognizing the extensive rights and responsibilities of parents, the impact of these laws extends far beyond the courtroom. Parents play an indispensable role in their children’s lives, and California law supports and enforces this relationship, ensuring that children receive the care and support they deserve.
Establishing parentage is the first step toward a fulfilled and legally recognized relationship with your child. Whether you are seeking to establish parentage or are facing challenges related to your rights, it is advisable to consult with a knowledgeable family law attorney to guide you through the process effectively. We encourage you to consult with the experienced family law attorneys at Flicker, Kerin, Kruger & Bissada LLP to learn more about how we can help you establish parentage of your children in Menlo Park, San Ramon, and the Bay Area.
