In most cases, the paternity of a child is known and acknowledged by the parents. Or it is presumed. Under the paternity laws of California, paternity is presumed if the two parents of a child are married at the time of the child’s birth, but this presumption can be challenged in court. Of course, the parent who challenges the presumption would need evidence that the presumed parent is not in fact the biological parent.
Even after divorce, if the father’s paternity is presumed, he remains the father if he leaves the state.
If the parents are not married, the paternity of the father must be established in another way. One option is for the biological father of the child to sign the child’s birth certificate at the time of birth. Then the birth certificate would serve as proof of paternity.
Another option is for the father to sign a Voluntary Declaration of Paternity form either before or after the child is born. After the form has been completed, it should be submitted to the California Department of Child Support Services (DCSS). It would then have legal effect and establish the father’s paternity.
If paternity is not established in either of these ways, it must be done through paternity testing. A legal paternity test is a genetic DNA test that is used to determine whether or not a man is the biological father of a child. If the test determines that the individual is the biological father of the child, it is submitted to the court and the court legally determines paternity.
The biological father then has all of the legal rights and obligations that biological fathers have with respect to their child. They acquire the right to have a court determine whether they are entitled to custody or visitation. A court would also be able to determine whether the parent must pay child support, if they are not the custodial parent.
The first step to take if the father lives in another state is to determine which state has the authority to determine paternity. The Uniform Interstate Family Support Act (UIFSA) usually applies to this issue and makes the law consistent throughout all U.S. states.
Generally, the court in the child’s home state has the authority to determine paternity. The “home state” is where the child has lived with the parent who has custody for at least six consecutive months before the paternity case is filed in court. If the child is less than 6 months old, the home state is where the child has lived since birth.
So, if a parent’s child meets the residency requirement in California, then the parent can file a paternity lawsuit in a California court. Out-of-state father paternity is generally going to be determined in the same way it would be determined for an in-state parent.
How Can Administrative Agencies Help Establish Paternity in California?
An administrative agency is an entity of government, local, state, or federal, that manages some particular operation of the government that creates it. California, like most states, has an agency that assists parents with issues of child support and other parental rights. As noted above, this is the Department of Child Support Services (DCSS).
This agency can initiate the legal proceedings and pay the costs related to establishing paternity and determining custody and child support in California. The DCSS also manages child support enforcement, should a biological parent fail to pay the court-ordered child support for their child.
How Can a Court Order Establish Paternity in California?
If the issue of child support is brought to a court in a lawsuit, the court orders DNA testing of the parents and the child. The court then issues an order establishing paternity if the DNA testing shows that the father tested is, in fact, the biological father. Once paternity is established, the court can make other necessary orders regarding child support and custody and visitation.
What if Paternity Is Established in Another State?
If paternity has already been established in another state, the parent wishing to have that order recognized in California needs to register the order with a court in California. For example, if paternity was established in Arizona, including an order for the father to pay child support, the mother needs to submit the Arizona paternity and child support order to a court for registration in California.
And if paternity has been established in California, the mother would need to register the order of paternity in Arizona if that is where she wants it enforced because the biological father lives in that state.
What if My Child’s Father Is on a Military Base Overseas?
The mother of a child whose claimed biological father is on active duty on an overseas military base can still proceed with a paternity case. Military legal assistance offices can assist with paternity proceedings so that they can proceed to establishing paternity and getting support for the child.
The DCSS can work with the military legal assistance offices and any attorney who represents the father to get a temporary order of child support. Of course, if the father does not contest paternity, a court would then be able to move forward with determining paternity and providing any other relief request, e.g., an order of child support.
Also, some companies offer DNA test kits that can be sent to military personnel overseas. The purported father can return their DNA samples to California for testing. The parent seeking the determination of paternity would have to make sure that the testing company is accredited in California for this purpose.
Unfortunately, a court cannot make final orders until the father leaves active duty, unless the father accepts his paternity. The same holds true for any other proposed orders. If the father should accept his biological paternity, a wage withholding order can be sent to the military legal assistance office. Then the office would be able to forward to the other parent the amount of wages necessary to cover the military parent’s child support obligation to their child.
A father on active duty may not accept their biological paternity. Under the federal Servicemembers Civil Relief Act, the father has the right to stop proceedings until they leave active duty. This means that the mother may have to wait until the father is no longer on active duty to determine paternity.
This would delay the possibility of winning an award of child support. However, once paternity is established and a court orders the father to pay child support if appropriate, the mother of the child would be entitled to back child support that should have been paid but was not.
What if My Child’s Father Purposely Leaves the State to Avoid a Paternity Judgment?
If a child’s father intentionally leaves California to avoid a paternity judgment, again, the UIFSA, noted above, should make it possible for the mother to determine paternity in California.
If the father does not appear at the main hearing in the case, the court would then enter a default judgment establishing his paternity. The biological father would then have to submit to DNA testing to try to prove that they are not the biological father.
Often, the issue with a default judgment is locating the father and getting an order wage withholding in the state where he lives. If the biological father continues to avoid their parental obligations, they may also be subject to criminal punishment. Jail time is possible in extreme cases. They would also be legally responsible for paying any past-due child support with interest.
A parent who faces these challenging issues would want a legal consultation in California with a California lawyer to discuss possible solutions. Establishing paternity and a child support obligation in such a case could be challenging, and a parent would want the help of an attorney or the California DCSS.
How Does Out-Of-State Paternity Affect Child Support Payments in California?
As noted above, each state is required by law to give effect, i.e., “full faith and credit” in legal terminology, to the court judgments and orders of courts in other states. The order of a court in another state directing a father to pay child support would be an order that California courts must honor.
If a person has a child support order from a court in another state, they need to register it with a California court. They would submit the following documents to a California court:
- A letter requesting registration and enforcement
- Two copies, including one certified copy, of all orders to be registered, including any modifications of those orders
- A sworn statement by the parent who wants to register the order showing the amount of any past due support owed by the other parent
- The name of the parent who has been ordered by the out-of-state court to pay child support and their address,
- Social Security number, employer or any other source of income
- If the parent ordered to pay support owns property in California, a description and the location of the property, as long as it is not exempt from collection efforts
- The name and address of the parent to whom support should be paid
- If the California DCSS has been involved, then the identity of where child support payments should be made needs to be provided.
If the correct documents are submitted and everything is in order, the court should register the order. It should then be enforced in the same way in which a California court order is enforced.
Do I Need a California Family Law Attorney To Establish Paternity for a Father Who Is Out-Of-State?
If a parent needs to establish the paternity of a biological father who lives in another state, they first want to consult a California paternity lawyer. Much would depend on where the father lives and the facts of a custodial parent’s particular case. As can be seen from the information above, it can get complicated.
A person who confronts this issue needs to talk to a qualified California lawyer. Your lawyer can provide you with the guidance you need to access the DCSS and/or courts in California and possibly other states to get the result you want.
