Paternity is a crucial factor in several family law issues, such as child support, custody and visitation. Of course, California law provides that both parents are required to support their children financially and care for the welfare of their children.
In some cases, a child’s paternity is not established at birth, so paternity testing must be used to determine who the biological father of a child is. This then determines who holds the rights and responsibilities of parenthood. A lawyer consultation with a California lawyer can help a person fully understand California paternity test law.
Establishing paternity gives a father the right to visit and seek custody of their children. It also gives a custodial mother the right to receive child support payments from the father. Additionally, children benefit from having paternity legally acknowledged in several ways. They can learn certain genetic information, become entitled to certain insurance coverage and to government or possibly retirement benefits.
Can Potential Fathers Refuse Paternity Tests in California?
If an alleged father does not submit to genetic testing, a court may take his refusal to cooperate as evidence that he is the biological father. That is because DNA testing in disputed paternity cases is used to resolve the issue.
When the mother and a man agree that the man is the biological father of the mother’s child, they can establish paternity by signing a Voluntary Declaration of Paternity. Both of them must sign and doing so shows that the parents agree on the identities of the biological mother and father of the child.
In signing this declaration, the father gives up his right to claim later that he is not the biological father and to ask for DNA paternity testing to establish his paternity.
However, if a man thinks he is the child’s father, but the child’s mother does not cooperate in making DNA testing possible, unfortunately, the court does not always order DNA testing to resolve the issue. This is a situation in which a person might want a paternity lawyer consultation.
Can a Potential Father Request a Paternity Test in California?
Yes, a man who believes that a child is his biological child may ask a court for genetic testing.
How Do I Get a Court-Ordered Paternity Test in California?
The following people and entities may petition a court for paternity testing:
- A man who believes that he is the biological father of a child
- The mother of a child
- A child who is at least 12
- An adoption agency
- An agency that serves the mother’s needs.
If one of these parties requests it, the court orders genetic testing of the parents to find out if the alleged parents are, in fact, the biological parents of the child, as shown by their matching DNA.
These people or entities can begin a parentage case by submitting a petition to a California Superior Court. The courts make a “Petition to Establish Parental Relationship” form available for this purpose. The following steps are then required:
- Comply with Court Directions: After reviewing the petition, a court issues detailed instructions to the alleged father and the mother regarding DNA testing.
- Complete the DNA Test: Usually, the alleged father must submit to a swab of the inside of his cheek. The mother provides the child’s DNA sample.
- Interpret the Results Provided: California law mandates that a 99% or higher paternity probability adequately establishes legal paternity.
The California Department of Child Support Services administers the paternity test and usually waives the fee for it. In cases in which the fee is not waived, the court determines who will pay the cost of the test. The testing can cost as much as a few hundred dollars.
When the biological paternity is confirmed, the court formalizes the relationship by issuing an order. This legal document includes the father’s name on the child’s birth certificate and outlines arrangements for the payment of child support and custody.
If paternity has been established in another state, the parent who wants that order recognized in California needs to file the order in a court in California. A paternity test in different states is an option.
Generally speaking, the names of both of a child’s parents appear on the child’s birth certificate. California law does allow removing a father from a birth certificate in California under certain circumstances. The name of a parent on a birth certificate may be changed if a court order directs it. A mother may be able to add, remove, or replace the name of a father on a California birth certificate when a court order after DNA testing shows that it is required.
For example, if paternity is established in California and the father later moves to Texas, the mother would need to file the paternity order in Texas. States are required to give full legal effect to judgments and orders from other states.
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What Happens if the Father Does Not Show up for a Paternity Test?
If a judge orders a person to submit to a paternity test, they should comply. Not complying would mean that the alleged father has violated a court order, and he could be charged with contempt of court.
The punishment for violating a court order varies depending on the specifics of a particular case. But if a person is convicted for contempt of court in California, they may be sentenced to a maximum of 6 months in jail and payment of a fine of up to $1,000. If the father has a history of violating court orders, the punishment may be more severe.
As noted above, in addition, the court may take the father’s refusal to complete DNA testing as an admission of his paternity.
Can a Mother Refuse a Paternity Test?
A mother has the same legal obligation to submit to court-ordered testing as does a father. Generally, a mother is required to supply a sample of their child’s DNA. The father must supply a sample of his own DNA.
Is There a Statute of Limitations for Paternity Testing?
A paternity suit statute of limitations is unlikely to resolve a dispute about contested paternity. California does not impose a statute of limitations on the issue of a father’s paternity.
A court can order blood tests to establish an alleged father’s paternity for up to 2 years after a child’s birth. Unmarried fathers may legally seek child custody or visitation until a child turns 18. In fact, a father who claims to be the biological parent of a child may petition a court to establish their paternity for 3 years after the child has turned 18 years old.
Can the Results of a Paternity Test Be Contested?
Generally, a person has 60 days from the date of a decision to file an appeal. While a person may appeal a judge’s determination of paternity, it may not be successful except in very limited circumstances. The fact that a person does not like a decision or is not satisfied with it does not offer grounds for a successful appeal.
Appeals are also likely to be expensive. There are court fees, the cost of preparing an appellate brief, and the cost of purchasing transcripts of the hearing if they are necessary. A person would have to consider whether their budget could absorb the full costs of an appeal.
Do I Need a California Attorney for Assistance With Paternity Test Issues?
If you believe that you are a biological father whose paternity has not been established legally, you want to consult a California paternity lawyer. Your lawyer can review with you the several ways in which your paternity can be established and what the consequences may be. After consulting with your lawyer, you will be fully informed about how to proceed and reach the goals you have for your situation.
