Paternity

California paternity laws give fathers the right to be recognized as a child’s legal father when a child is born outside of a marriage. Once paternity is established, a father can ask for custody, parenting time (visitation), and child support. Parents can establish paternity by signing a Voluntary Declaration of Parentage (VDOP)at the hospital, however, a legal finding of paternity also needs to take place for a judge to make custody or support orders that are legally binding. This can happen at a later time. This form is legally binding, just like a court order. Unmarried fathers must establish paternity to have any legal rights to their child.

Key Aspects of California Paternity

Voluntary Declaration of Parentage (VDOP): A free, easy form that, once signed and filed, allows both names to be on the birth certificate. It can be used as evidence in a Legal Paternity action.
Court Process: If parents disagree as to parentage, either can ask the court to decide who the legal parents are. The court can also set child support and custody schedules as part of that same cause of action.
Benefits: Establishing paternity lets parents get custody, visitation, and child support orders.
Time Limits: You can usually establish paternity any time before the child turns 18, but it’s best to act quickly. There is a two-year deadline for challenging a signed VDOP.

In California, you must first open a paternity case or “parentage” case in order to request child custody, visitation or support orders. Legal parents are also required to financially support their child. The law protects children and expects parents to act in their best interest.

Who is a legal parent?

The court considers you a child’s legal parent if:

You gave birth to the child (exceptions for surrogacy)
When your child was born or conceived, you were married to the other parent or were registered as domestic partners
You and the other parent filed a Voluntary Declaration of Parentage that is evidence that you are the legal parent and allows you to be on the child’s birth certificate
You are a legal parent if, in a previous family law court case, a judge determined that you were (domestic violence, child support, juvenile dependency, or adoption case)

Why does legal parentage matter?

In California, legal parents have rights and responsibilities.

If you are legally a child’s parent:

Parenting Time

You can ask the court for custody, visitation (parenting time)

Financial Support

You are required to financially support your child, or you may get child support by filing a petition. depending on your financial situation and that of the other parent.

Name on Birth Certificate

You can be listed on a California birth certificate as their parent (even retroactively)

Financial benefits

A child can get financial benefits (like Social Security or survivor's benefits) and inherit from you.

Citizenship

A child born outside the United States can start the process to become a U.S. citizen (assuming that you are a U.S. citizen)

How to cancel or set aside the paternity judgments

You can ask a California court to cancel (or “set aside”) a paternity decision, but there are strict deadlines and requirements. Here’s what you need to know.

What is a “putative” father?

Even if DNA testing shows a man is not a child’s biological father, a court can still decide he is the legal father if it is best for the child. The judge will consider factors like the child’s age, the length of the father-child relationship, and what is best for the child overall. Although this is possible, It is not an easy finding.

What about assisted reproduction and surrogacy cases?

In California, paternity and parentage for assisted reproduction and surrogacy are determined by a child’s conception intentions rather than solely by biological ties. The state relies on formal written agreements, pre-birth court orders, and the Voluntary Declaration of Parentage process to establish legal parentage.

Contact a Paternity Lawyer Today

If you are facing a paternity case, reach out for a confidential consultation. We will listen to your concerns, answer your questions, and advocate for your parental rights and the best interests of your child every step of the way.

Call (833) 931-1615 or complete our online form to schedule your appointment with a dedicated paternity attorney.

To Summarize
California Paternity Services

Establishing Paternity: Gives fathers legal rights and responsibilities regarding their child, including custody, visitation, and child support.
How to Establish: Signing a Voluntary Declaration of Parentage (VDOP) at the hospital will allow the father to be listed on the birth certificate. Go to court for a judge to order a Judgement of Paternity to establish legal rights.
DNA: Even if DNA shows a man is not the biological father, the court may still recognize him as the legal father if it is in the child’s best interest.
Legal Parentage is Important for: Custody and visitation rights, child support, being named on the birth certificate, allowing the child to receive financial benefits and inheritance, and establishing rights for children born outside the U.S.
Assisted Reproduction: Parentage can be determined in cases involving assisted reproduction and surrogacy through agreements and court orders. not just biology.

FAQs

Here are the questions we often get about paternity in California. Click each question to see our answer.

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I received a parentage letter in the mail. What do I do now?

If you get a Petition to Determine a Parental Relationship (form FL-200) and a Summons (form FL-210), it means someone is asking the court to decide if you or another person is the legal parent of a child. This is called establishing parentage. It’s important to read the papers carefully and respond by the deadline to protect your rights. If you receive a Summons and Complaint Regarding Parental Obligations (form FL-600), the Local Child Support Agency wants the court to order child support. The court may also decide who the legal parents are. Respond quickly to protect your rights and make sure the court has all the facts. You may want a lawyer to help you. Set up a consultation with us here.

I am legally the father of a child who isn't mine. How can I change this?

To challenge legal paternity in California, you must file a court motion. If you are not the father of a child born during your marriage, you will need to have a judge decide that in court. You will almost always need to obtain court-ordered genetic testing to prove you are not the biological father.

What if I am the legal parent, but think I should not be?

If a child is born during your marriage that may not be your biological child, or if you sign a Voluntary Declaration of Paternity form at the hospital and later find out you are not the biological parent, you will need to go to court to determine who the legal parent if of the child and to set aside any legal presumption that you are responsible for the child.

How can I change my child's last name to their father's?

To change your child’s last name to the father’s, you generally need to legally establish paternity (if not already done) and obtain a court order. Once you obtain the order of paternity, you can ask the court to change the child’s name. If both parents do not consent, you will need a judge to make the decision based on the child’s best interest. It helps to have a good family law attorney to walk you through the steps. Learn more about this process here.

What is a "Presumed Father"?

California law says a man is a presumed father if he was married to the mother when the child was conceived or born. He is also presumed to be the father if he lived with the child and acted as a parent. Presumed fathers may have full legal rights and responsibilities, even without a biological connection.

How long do I have to establish paternity?

You have until the child turns 18, or within two years of the date on which the previously established father knew or should have known of a judgment that established the father’s parentage of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of paternity, whichever is first.

What is a "Presumed Father"?

California law says a man is a presumed father if he was married to the mother when the child was conceived or born. He is also presumed to be the father if he lived with the child and acted as a parent. Presumed fathers have full legal rights and responsibilities, even without a biological connection.

Choose Our Attorneys

At Burgos Santoyo Smith, we guide you through every step of the process of your legal separation with both authority and compassion. Our attorneys combine deep community roots, extensive legal and litigation experience, and the personal attention of a small firm. We understand that paternity can bring up a lot of complicated emotions. We are here to help you handle the legal aspects so you can move forward with whatever your next parenting phase brings.