Establishing Paternity in Los Angeles

Paternity is the legal determination of who is a child’s father. Establishing paternity is essential for protecting the rights of fathers, children, and mothers. Whether you’re a father seeking to establish your parental rights, a mother seeking child support, or questioning paternity, The Law Offices of Seth C. Bowen provides knowledgeable representation for paternity matters throughout Los Angeles and surrounding communities.

Paternity cases can be straightforward or complex, involving genetic testing, disputed claims, and significant emotional stakes. The firm approaches each paternity matter with sensitivity to family dynamics while providing clear legal guidance to protect your rights and interests.

Paternity Lawyers Who Understand What’s at Stake

The Law Offices of Seth C. Bowen recognizes that paternity affects fundamental rights and relationships. For fathers, it’s about establishing the legal right to be involved in their children’s lives. For mothers, it’s often about securing financial support and official recognition of the father. For children, it’s about knowing their identity and having both parents legally responsible for their welfare.

From the initial consultation through resolution, you’ll receive personalized attention and strategic representation focused on achieving the best outcome for your situation. The firm handles paternity matters with discretion and professionalism.

Why Establishing Paternity Matters

Legal paternity provides important rights and protections for everyone involved:

For Fathers

• Right to seek custody and visitation
• Right to participate in important decisions about the child
• Legal standing as the child’s parent
• Protection against adoption without consent
• Right to access school and medical records
• Ability to pass on inheritance rights
• Official recognition as the child’s father

For Mothers

• Ability to seek child support
• Someone to share parental responsibilities
• Father’s name on birth certificate
• Legal accountability from father
• Support for important decisions
• Backup for emergencies

For Children

• Financial support from both parents
• Access to father’s medical history
• Eligibility for father’s benefits (Social Security, insurance, inheritance)
• Legal relationship with father’s extended family
• Emotional security of knowing both parents
• Sense of identity and belonging

Without established paternity, unmarried fathers have no legal rights to their children, and children have no legal connection to their fathers.

Ways to Establish Paternity in California

California provides several methods for establishing paternity, each appropriate for different circumstances.

Voluntary Declaration of Paternity

The simplest way to establish paternity is through a Voluntary Declaration of Paternity (VDOP). Both parents sign this form, usually:

• At the hospital when the child is born
• At the local child support agency office
• At the local vital statistics office

Requirements for VDOP:

• Both parents must sign willingly
• No other man can be the legal father
• The declaration must be signed in front of witnesses or notarized
• Both parents receive information about the rights and responsibilities of paternity

Effects of VDOP:

Once signed and filed, the VDOP has the same effect as a court judgment of paternity. The father’s name is added to the birth certificate, and he has full parental rights and responsibilities.

Rescinding a VDOP:

Parents have 60 days from signing to rescind the declaration. After 60 days, it can only be challenged in court based on fraud, duress, or material mistake of fact, and only within two years of signing.

Paternity Action in Court

When parents don’t agree on paternity or cannot sign a voluntary declaration, either parent can file a paternity action in court. The court process includes:

Filing the Petition

Either parent files a petition to establish parental relationship. This formally starts the legal process.

Service of Process

The other parent must be properly served with the petition and given opportunity to respond.

Genetic Testing

If paternity is disputed, the court will order genetic testing. Modern DNA tests are highly accurate (typically 99% or higher) and can definitively establish paternity.

Court Hearing

If genetic testing shows the man is the father, the court will issue a judgment of paternity. If testing shows he’s not the father, the case will be dismissed.

Final Judgment

The court’s judgment establishes paternity with the same force as a voluntary declaration.

Presumptions of Paternity

California law presumes certain men are legal fathers even without voluntary declaration or court action:

Presumed Father Under California Law:

• Man married to mother when child was born or conceived
• Man who attempted to marry mother (even if marriage invalid) and child born during attempted marriage or within 300 days after
• Man who married mother after birth and is named on birth certificate with his consent or agreed to support the child
• Man who received child into his home and openly held out child as his natural child

Presumed father status gives men parental rights, but these presumptions can be challenged through paternity proceedings.

Genetic Testing for Paternity

DNA testing is the most reliable way to determine biological paternity. California courts routinely order genetic testing in disputed paternity cases.

How Genetic Testing Works

Sample Collection

DNA samples are collected from the child, mother, and alleged father through simple cheek swabs.

Laboratory Analysis

An accredited laboratory analyzes the DNA samples and compares genetic markers.

Results

Results typically show either:

• 99% or higher probability the man is the father
• 0% probability (excluded as the father)

Accuracy

Modern DNA testing is extremely accurate and reliable. Courts accept these results as definitive evidence of paternity.

Court-Ordered vs. Private Testing

Court-Ordered Testing

• Ordered by the court in paternity proceedings
• Chain of custody maintained for legal purposes
• Results admissible in court
• Both parties must cooperate

Private Testing

• Done privately before or instead of court proceedings
• Results may not be admissible in court without proper chain of custody
• Can provide information for decision-making
• May not be accepted by agencies or courts

The Law Offices of Seth C. Bowen can help you navigate genetic testing requirements and ensure results are properly documented for legal purposes.

Disputing Paternity

Sometimes the presumed or established father isn’t the biological father. California law provides ways to challenge paternity determinations.

Grounds for Challenging Paternity

• New genetic testing evidence
• Fraud in establishing paternity
• Duress in signing voluntary declaration
• Material mistake of fact
• Discovery that another man is the father

Time Limits for Challenges

Voluntary Declarations:

• Can be rescinded within 60 days without court proceedings
• Can be challenged in court within 2 years based on fraud, duress, or material mistake of fact
• After 2 years, very difficult to challenge

Court Judgments:

• Limited time to appeal or set aside judgments
• Generally must show fraud or newly discovered evidence
• Becoming very difficult after time passes

Presumed Father Status:

• Can be challenged through paternity proceedings
• Should act promptly when questions arise

The Law Offices of Seth C. Bowen represents men seeking to challenge incorrect paternity determinations and biological fathers seeking to establish paternity when another man is presumed father.

Paternity Fraud

Paternity fraud occurs when a man is deliberately misled about being a child’s father. This can happen through:

• Intentional misrepresentation by the mother
• Concealing that other men could be the father
• Falsifying information
• Coercing agreement through deception

If you discover you’re not the biological father after establishing paternity, you may have limited options to challenge paternity depending on how long ago it was established. The Law Offices of Seth C. Bowen can evaluate your specific situation and advise on available remedies.

Paternity and Child Support

Establishing paternity is often connected to child support. Once paternity is established:

Father’s Obligations:

• Required to provide financial support
• Support calculated under California guidelines
• Can owe retroactive support from child’s birth

Mother’s Rights:

• Can seek child support orders
• Can seek reimbursement for pregnancy and birth expenses
• Can seek ongoing support

Modification:

• Support orders can be modified based on changed circumstances
• Must be court-ordered to be enforceable

The firm handles paternity and child support matters together, ensuring support orders are appropriate and fair.

Paternity and Custody

Once paternity is established, fathers have the right to seek custody and visitation. The timing matters:

Establishing Custody Early:

• File for custody as soon as paternity is established
• Don’t rely on informal agreements
• Get court orders protecting your parenting time
• Document your involvement from the beginning

Custody Determinations:

• Based on child’s best interests
• Consider both parents’ ability to care for child
• Father’s rights equal to mother’s once paternity established
• Can seek joint custody, primary custody, or visitation

The Law Offices of Seth C. Bowen helps fathers establish custody rights as part of paternity proceedings.

Unmarried Parents and Paternity

When parents aren’t married, establishing paternity is crucial for both parents’ rights:

Before Paternity is Established:

• Mother has sole legal and physical custody
• Father has no legal rights to the child
• Father cannot make legal decisions
• Father cannot seek custody or visitation
• Father may not be obligated to pay support

After Paternity is Established:

• Both parents have equal rights under the law
• Father can seek custody and visitation
• Father can participate in important decisions
• Father is legally obligated to provide support
• Both parents can access child’s records

The firm helps unmarried parents establish paternity and determine custody, visitation, and support.

Paternity When Mother Is Married to Another Man

When a married woman gives birth, her husband is legally presumed to be the father even if he’s not the biological father. Establishing biological father’s paternity requires:

• Overcoming the presumption of paternity for mother’s husband
• Genetic testing to prove biological paternity
• Legal proceedings to disestablish husband’s paternity
• Court judgment establishing biological father’s paternity

These cases can be complex, especially if the husband wants to maintain legal father status or has developed a parental relationship with the child. The Law Offices of Seth C. Bowen handles complicated paternity cases involving competing paternity claims.

Paternity and Adoption

Establishing paternity affects adoption proceedings:

When Father’s Paternity is Established:

• Father’s consent is generally required for adoption
• Father can oppose adoption
• Father can seek custody to prevent adoption

When Paternity Hasn’t Been Established:

• Adoption may proceed without biological father’s knowledge or consent
• Father must act quickly to establish rights
• May need to register with California’s putative father registry

The firm helps fathers protect their parental rights when adoption is proposed or pending.

Paternity for Same-Sex Couples

California recognizes parentage for same-sex couples through various means:

For Female Couples:

• Presumed parentage for spouse of birth mother
• Voluntary Declaration of Parentage
• Adoption by non-birth parent

For Male Couples:

• Adoption procedures
• Pre-birth parentage orders in surrogacy cases
• Voluntary Declaration of Parentage when applicable

The Law Offices of Seth C. Bowen helps same-sex couples establish legal parentage for both parents.

Retroactive Child Support

Once paternity is established, child support can be ordered retroactively:

How Far Back:

• Generally to the child’s birth
• Can include pregnancy and birth expenses
• May be limited by delay in establishing paternity

Calculating Retroactive Support:

• Based on income during past periods
• Can be substantial for older children
• Payment plans may be available

The firm helps fathers understand potential retroactive support obligations and mothers seek appropriate retroactive support.

Immigration Consequences of Paternity

Paternity can have immigration implications:

For Children:

• U.S. citizen father may be able to transmit citizenship
• May affect child’s immigration status
• Can provide basis for child’s legal presence in U.S.

For Fathers:

• Having U.S. citizen or resident child may affect immigration options
• Paternity establishes family relationship for immigration purposes
• Support obligations may affect immigration proceedings

The Law Offices of Seth C. Bowen works with immigration attorneys when paternity cases have immigration implications.

Putative Father Registry

California maintains a Putative Father Registry where men who believe they may be fathers can register. This protects their rights if adoption is proposed:

Benefits of Registration:

• Receive notice of adoption proceedings
• Protects rights even if you don’t have custody
• Shows intent to claim paternity

Who Should Register:

• Unmarried men who believe they may be fathers
• Men whose paternity hasn’t been legally established
• Men concerned about potential adoption

The firm can advise on putative father registry and other ways to protect fathers’ rights.

Paternity After Father’s Death

Sometimes paternity issues arise after the potential father has died:

Establishing Paternity Posthumously:

• Can use stored DNA samples
• Can exhume body for testing in some circumstances
• Can use DNA from father’s close relatives
• Must establish reason for posthumous paternity determination

Why Establish Paternity After Death:

• Child’s right to inheritance
• Social Security survivor benefits
• Wrongful death claims
• Personal identity and medical history
• Family relationships

The Law Offices of Seth C. Bowen handles complex posthumous paternity cases.

Paternity and Medical History

Establishing paternity provides children access to important medical information:

• Genetic conditions and hereditary diseases
• Family medical history
• Potential health risks
• Information for medical treatment decisions
• Understanding of genetic inheritance

This information can be crucial for children’s healthcare throughout their lives.

Multiple Potential Fathers

When there are multiple potential fathers:

• Genetic testing can definitively determine paternity
• All potential fathers may need to be tested
• Court can order testing of multiple men
• Only one man will be determined to be the legal father

The firm handles paternity cases involving multiple potential fathers and ensures proper testing procedures.

Why Choose the Law Offices of Seth C. Bowen for Paternity Matters

When paternity is at issue, you need representation that understands both the legal complexities and personal stakes. The Law Offices of Seth C. Bowen offers:

• Knowledge of California paternity law and procedures
• Experience with Los Angeles County family courts
• Strategic approach to establishing or challenging paternity
• Understanding of related custody and support issues
• Clear communication about your rights and options
• Efficient handling of testing and court proceedings
• Protection of your parental rights or interests
• Discretion and professionalism

The firm serves clients throughout Los Angeles and surrounding communities.

Schedule Your Free Consultation

If you need to establish paternity, challenge paternity, or have questions about your rights and obligations, don’t wait to get legal guidance.

The Law Offices of Seth C. Bowen offers free consultations to discuss paternity matters. During your consultation, you’ll receive straightforward information about the paternity process and how the firm can help protect your rights.

Call (805) 222-6766 or visit https://sethbowenlaw.com/ to schedule your free consultation today.

Office: 19318 Ventura Boulevard, Suite 102, Tarzana, CA 91356

Frequently Asked Questions About Paternity

• How accurate is DNA testing for paternity?
  • Modern DNA testing is extremely accurate, typically showing 99% or higher probability when the man is the father, or 0% when he’s not. Courts accept these results as definitive proof.
• Can I establish paternity if the mother doesn’t want me to?
  • Yes. As the biological father, you have the right to establish paternity even if the mother objects. You’ll need to file a paternity action in court.
• What if I signed the birth certificate but I’m not the biological father?
  • Signing the birth certificate can establish legal paternity. You may be able to challenge paternity through genetic testing, but time limits apply. Act quickly if you have doubts.
• Do I have to take a paternity test if I’m served with papers?
  • If the court orders genetic testing, you must comply. Refusing to test can result in the court presuming you are the father.
• Can I get a paternity test without the mother’s permission?
  • You generally need the mother’s cooperation for testing if you don’t go through the court. In a court paternity action, the court can order testing even if the mother objects.
• How long does it take to establish paternity?
  • With a Voluntary Declaration of Paternity, it’s immediate once signed and filed. Through court proceedings, it typically takes a few months, longer if contested.
• Will I owe child support once paternity is established?
  • Yes. Once paternity is established, fathers are legally obligated to provide financial support for their children.
• Can paternity be established if the father lives in another state?
  • Yes. Interstate procedures exist for establishing paternity when parents live in different states.
• What if the mother received welfare benefits?
  • The government agency that provided welfare benefits may require paternity establishment to seek reimbursement for assistance provided.
• Can I still establish paternity if my child is an adult?
  • Yes, though it’s primarily important for establishing inheritance rights, medical history access, or personal identity rather than custody and support.

Contact the Law Offices of Seth C. Bowen

Protect your parental rights or get the support your child deserves. Get experienced legal representation for your paternity matter.

Call (805) 222-6766 for your free consultation today.