Experienced Encino Paternity Lawyers Who Care About Your Family

Establishing paternity is more than a legal formality; it’s a foundational step in ensuring the well-being and rights of your child. Paternity refers to the legal acknowledgment of the parental relationship between a father and his child. It’s crucial because paternity often lays the groundwork for child support, custody, visitation rights and even inheritance. When you decide to establish paternity, you are working to secure a comprehensive and supportive legal framework for your family.

At Cohen Family Law Group, APC, we understand the importance of establishing paternity. No matter your reason for doing so, we are here to offer thorough guidance through each step of the process.

Call our office today at 818-901-8900 to learn more about how we can assist you.

How Does The Paternity Process Works In California?

Even if paternity seems obvious, the legal process in California requires a specific and formal procedure to make that relationship official in the eyes of the court. This matters whether you are seeking custody or support, or simply want to ensure your rights as a parent are protected.

If the parents are unmarried, paternity is not automatically established, regardless of what is listed on the birth certificate. You will need to take action to resolve it. A Voluntary Declaration of Parentage (VDOP) is the fastest and simplest way to do so. It can usually be signed at the hospital or later through a local child support agency. Once filed with the state, the father has the same legal responsibilities and rights as if a court order were in place.

For cases involving any doubt, DNA testing often becomes necessary. In many situations, the court will order it after either parent files a Petition to Establish Parental Relationship (Form FL-200). The court may also schedule hearings and request additional documentation before issuing a final judgment.

Below is what the full process often includes:

• Filing a petition: One party files a petition to establish paternity legally. This is the official start of the legal process.
• Serving the other parent: The petition must be served legally, allowing the other parent to respond.
• Genetic testing (if needed): If paternity is disputed or uncertain, the court may order DNA testing.
• Court hearings: A judge may schedule one or more hearings to resolve outstanding issues such as child support or custody.
• Issuance of judgment: Once all facts are clear, the court will issue a Judgment of Parentage, officially confirming paternity.

If you have been legally named as a child’s father but have reason to believe otherwise, acting quickly is key. Under California law, there are specific deadlines that apply when it comes to contesting paternity. For example, if you signed a voluntary declaration of parentage, you generally have only 60 days to rescind it unless you bring your case to court and prove fraud, duress or mistake of fact.

Methods For Establishing Paternity

One of the most reliable methods for establishing paternity is DNA testing. The process involves collecting DNA samples from the alleged father and the child, often through a simple cheek swab. Courts, or whoever requested the tests, can use the results to establish paternity.

If a father wants to establish paternity for a child that is not his biologically, he can do so through what’s called a voluntary declaration of paternity. However, this method typically only works if both parents agree on who the father should be.

Rights And Responsibilities Of Fathers

Once fathers establish paternity, they gain important legal rights and responsibilities. These can include the:

• Right to seek custody or visitation
• Obligation to provide financial support

We will work with you to understand these responsibilities and help you navigate any challenges that may arise.

Why Might Someone Want to Dispute Paternity?

Disputing paternity may be necessary in situations such as:

• You recently found out the child may not be biologically yours.
• You were misled into signing a paternity declaration.
• You are facing a child support order for a child you did not know existed.
• You were legally named by default due to failing to respond to a court filing.

In these situations, the law does not automatically remove your name from the legal record. A formal court process is required to “set aside” the original finding. This process may include submitting a motion, providing proof (such as DNA evidence) and attending hearings to review your claim.

We also understand that a growing number of men find themselves in complex “presumed father” situations. California law presumes a man is the legal father if he was married to the child’s mother at the time of birth or if he acted as a parent and accepted the child into his home. If you are bonded with a child over the years but are now questioning the biological link or if someone is asserting your legal role unfairly, you may need to resolve the issue through the courts.

On the other hand, if someone else is trying to dispute a paternity finding you believe is correct, we can also help you respond and protect your rights.

It is not uncommon to feel conflicted in these cases. You might have strong emotional ties to the child but also want to clarify your legal obligations. While DIY kits and free legal forms are available online, it is risky to rely on them. These cases involve sensitive timelines and specific rules that, if mishandled, can leave you stuck with long-term consequences.

We strongly encourage anyone involved in a paternity dispute to seek legal guidance before making any move. Our firm has helped clients navigate all sides of these issues, whether they need to contest a mistaken paternity order or prevent a harmful dispute from moving forward.

What Impact Does Paternity Issues Have On The Child?

Establishing paternity has significant psychological and legal benefits for your child. Legally, it provides the child with financial support and inheritance rights, while psychologically, it can foster a stronger sense of identity and connection. We are committed to supporting you and your child through this important process.

California Specific Paternity Laws

Given that laws can vary by location, we ensure you have access to the latest information on California-specific paternity laws. We are here to provide resources and guidance tailored to your unique circumstances.

Get The Encinco Paternity Assistance You Need Today

At Cohen Family Law Group, APC, we blend our legal knowledge with a deep understanding of psychology to meet your and your family’s needs with care and compassion. Let our Encino paternity lawyers help you take the first step in securing your family’s future – schedule a free consultation today by calling 818-901-8900 or completing our contact form.