Paternity 

The Montes Law Firm represents men and women pursuing paternity actions under the California Family Code. We are  committed to coming up with a solution that works for you and your family situation, whether it’s in or out of court. We  have  the experience and legal knowledge to draft  binding paternity agreements, represent your interests in a paternity case, and fight for your rights.

Call 714-731-8600 or contact The Montes Law Firm online to schedule a free consultation to discuss paternity under California law.

Presumed Paternity

Pursuant to California Family Code Section 7611,  A person is presumed to be the natural parent of a child if the person meets the conditions provided in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any of the following subdivisions:

• The presumed parent and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court.
• Before the child’s birth, the presumed parent and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
  1. If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.
  2. If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
• After the child’s birth, the presumed parent and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
  1. With his or her consent, the presumed parent is named as the child’s parent on the child’s birth certificate.
  2. The presumed parent is obligated to support the child under a written voluntary promise or by court order.
• The presumed parent receives the child into his or her home and openly holds out the child as his or her natural child.
• If the child was born and resides in a nation with which the United States engages in an Orderly Departure Program or successor program, he acknowledges that he is the child’s father in a declaration under penalty of perjury, as specified in Section 2015.5 of the Code of Civil Procedure.  This subdivision shall remain in effect only until January 1, 1997, and on that date shall become inoperative.
• The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.

Establishing Paternity

A father can be heavily involved in his child’s life—including making important decisions about schooling, religion, and discipline—without being legally recognized as a father. While this arrangement may work for a while, there is a score of legal reasons to establish paternity. These reasons may include:

Child Support: If the parents are not married at the time of the child’s birth, there must be a Declaration of Paternity, or an order of paternity, before the father is required to pay child support. In other words, a mother cannot pursue a court order for child support until the father is legally recognized.

Visitation and custody: Similar to child support, the father is not legally entitled to visitation or custody until he is recognized by the state of California as the child’s father.

Access to records: Without being recognized as a legal parent, the father will not have access to family medical records or medical history.

Insurance coverage: Establishing paternity allows the child to benefit from the father’s health insurance and life insurance policies.

Inheritance: Without a legal record of parentage, the child may not be entitled to inherit the father’s assets.

Federal benefits: Establishing legal paternity entitles the child to Social Security and veteran’s benefits, if applicable.

As mentioned above, informal arrangements may work for a period of time. However, it is important to keep in mind that the situation can change and relationships can deteriorate; if this happens, it is important to know your legal rights as a father—or the legal responsibilities of the father—are stable. For example, say Jack and his longtime girlfriend have raised their son together for several years, but they have never married; if he up and leaves one day, he may not be legally required to provide financial support for the child because he is not legally the father. By establishing paternity, even when the current parenting situation is working, you can protect the legal rights and responsibilities that come with being a father.hcdg568ū45m5hy

As mentioned above, informal arrangements may work for a period of time. However, it is important to keep in mind that the situation can change and relationships can deteriorate; if this happens, it is important to know your legal rights as a father—or the legal responsibilities of the father—are stable. For example, say Jack and his longtime girlfriend have raised their son together for several years, but they have never married; if he up and leaves one day, he may not be legally required to provide financial support for the child because he is not legally the father. By establishing paternity, even when the current parenting situation is working, you can protect the legal rights and responsibilities that come with being a father.hcdg568ū45m5hy

Establishing paternity in California can happen in one of two ways:

Court order: Either parent can start a case to establish paternity.. In some cases, a mother may want to establish parentage in order to collect child support or compel the father to fulfill his parental duties. In other cases, a father may want  to establish paternity so the child can benefit from his insurance, so he can access the child’s medical records, so he has legal visitation or custody rights, or for another reason entirely.

Declaration of Paternity: Signing a Declaration of Paternity is voluntary, so it requires that the father agrees he is the child’s parent. This document can be signed at the hospital when the child is born, which allows the father’s name to be added to the child’s birth certificate. It can also be signed later on in the child’s life and then filed in court, where it becomes a legal recognition of parentage. Once this Declaration of Paternity is on file with the court, the father will have all the legal rights and responsibilities of a parent, and a judge can make orders for custody, visitation, and child support if needed.