Paternity importance in child support in child support cases is an issue because, in many cases, paternity is the basis for obtaining child support payments. A biological father has a duty to support and provide for their child’s basic necessities.
In general, to enforce a father’s duty to pay child support, the court has to establish the identity of the biological father. If a child’s mother is trying to establish that a man is, in fact, the legal father of her child, the alleged father may be ordered to take a paternity test or submit to paternity DNA testing.
This process is referred to as a paternity action in a court. If a DNA test confirms that a man is a child’s biological father, the court can order them to pay child support. Because of these issues, paternity is a major part of child support cases, as the result of paternity testing can directly affect the results of a child support request.
To find out more about paternity testing in California, whether an individual is a child’s mother or father, it is essential to have a legal consultation in California.
Basics of Establishing Legal Paternity in California
Establishing, or proving, paternity is the legal process that a court uses to determine the identity of a child’s biological father. Until a court determines paternity, an alleged father will not have any obligation to the child, including not being responsible for child support payments or having the right to custody or visitation.
Either one of a child’s parents can ask a court to establish paternity. Courts can also independently require a party to submit to paternity testing.
California lawyers can guide a child’s mother or father through the process of establishing paternity in California.
In California, What Is Acknowledged Paternity?
When a child is born to unmarried parents, the man is not automatically considered to be the lawful father. In order to prove paternity, a father can sign an affidavit of paternity document or both of the child’s parents can consent to the father’s paternity.
What Is Presumed Fatherhood in California?
In California, as in other states, if a child’s parents were married at the time of the child’s birth, the husband will be legally presumed to be the child’s father. Typically, this presumption is rebuttable, meaning that the man can invalidate the presumption by proving that they are not the biological father of the child.
It is also important to be aware that even an unmarried man can be subject to the presumption of fatherhood in certain situations, such as:
- They tried to marry the child’s mother and the child was conceived or born during that endeavored marriage
- The couple lawfully married after the child was born and the husband signed the child’s birth certificate or sustained the child financially
- The man lived with the child and treated the child as his own
It is important for an alleged or presumed father to take legal action as soon as possible if they know they are not the child’s biological father. Waiting to take legal action can result in them being required to pay child support for a child that is not biologically theirs.
What Is Alleged Fatherhood in California?
In California, alleged fathers are unmarried men who a court determines are the biological parents of children. In some cases, a child’s mother will allege paternity and name an alleged father in a paternity lawsuit for child support.
In contrast to presumed paternity, where a father has to disprove their status as the child’s biological father, with alleged paternity, a court has to allow the man to take a DNA or other paternity test before awarding child support or making a decision about custody or visitation rights.
Both of a parent’s biological parents are supposed to financially support their children. When a child’s mother asks for or is awarded public assistance, the state might file a paternity case against an alleged father to recoup the money that was given to the mother to support the child.
What if I Have Been Supplying Child Support in California, but a DNA Test Proves I Am Not the Father?
If an individual has been paying child support but finds out that they are not the child’s biological father, there are some steps they can take to avoid having to make additional future payments. When a man is determined not to be a biological father, they will be relieved of the duty to make child support payments.
It is important for an alleged father to take legal action as soon as they can because, if they are ordered to make child support payments but are later found not to be the child’s biological father, those payments will not be refunded. It may, however, be possible to seek compensation for those payments from the child’s actual biological father when he is located.
What Happens if My Partner in California Has a Child That Isn’t Mine?
There is a legal concept called dual paternity that allows a child to get financial aid from their biological father, even when their mother is married to a different man when the child is born. Even though both men can be considered the father of the child, only the one who is the biological father will be required to make child support payments.
If, however, a biological father is not found, the man married to the child’s mother may be required to pay child support if the parents divorce. In this situation, the non-biological father can seek advice from a California lawyer on rebutting the presumption that they are the child’s father.
Do I Have To Go to Court in California if a Person Claims I’m the Father but I Disagree?
Regardless of whether or not an individual agrees or disagrees with the accusation of being a child’s biological father, they are required to appear in court. Even though it can be time-consuming and may seem unnecessary, appearing in court will help an alleged father avoid future legal issues.
For example, in some cases, if an individual is named as a defendant in a claim and the defendant does not appear in court, the allegations or requests of the plaintiff will automatically be granted or approved by the court. Additionally, if an alleged father is ordered to submit to a paternity test and they do not appear, they can face contempt of court.
Do I Need To Hire a Lawyer To Assist With Matters Involving Paternity?
If you have any issues or concerns related to paternity and child support in California, it is essential to consult with a California paternity lawyer. Paternity is an issue that can impact the lives of parents as well as children throughout their lives.
Your family attorney will help you whether you are a mother requesting an alleged father submit to DNA testing or an alleged father who has been ordered to submit to testing. As a mother, your lawyer can help you through the process of finding the biological father of your child and requesting support. As an alleged father, your lawyer will help ensure that your rights are protected in court.
Use LegalMatch in as little as 15 minutes today for free to find a family lawyer near you in California. You will be matched with licensed and pre-screened California family lawyers who can help you with your paternity issue.
