When parents are not married, the law does not always recognize both of them as the child's legal parents. Establishing parentage (often called paternity) gives the child two legal parents and opens the door to custody, visitation and support orders. Here is how it works in California.
What it means to establish parentage
A "legal parent" is a person the law recognizes as the child's parent, with the rights and duties that come with it. For married couples, the law usually presumes the spouse is a parent of a child born during the marriage. For unmarried parents, parentage generally has to be established in one of a few ways:
- by signing a voluntary declaration of parentage;
- by a court order in a parentage case;
- through a case opened by the local child support agency.
Either parent can start a court case to establish parentage. A case may also be started by the Los Angeles County Child Support Services Department when support is involved. Learn more on our child support page.
The voluntary declaration of parentage
A voluntary declaration of parentage (VDOP) is a form that both parents can sign, often at the hospital when the child is born. It can also be signed later. Once properly signed and filed with the state, it generally has the same effect as a court judgment of parentage.
Because it is so powerful, only sign it if you are sure. There are short time limits to cancel (rescind) a declaration, and stricter rules for challenging it later.
A VDOP establishes parentage, but it does not create custody, visitation or support orders by itself. Parents still need to go to court for those.
Genetic testing
If there is a question about who the biological father is, the court can order genetic testing. Testing usually involves a simple cheek swab from the child, the mother and the alleged father. The results can be strong evidence in a parentage case.
Genetic results are important, but they are not always the end of the story. In some situations, the court may consider the child's relationship with a parent who raised them, even if that person is not the biological parent. These cases need careful review.
The rights and duties that follow
Once parentage is established, both parents have the same basic rights and duties. These may include:
- Custody and visitation. A legal parent can ask the court for legal and physical custody or a parenting schedule. Learn more on our child custody page.
- Child support. Both parents have a duty to support the child. The court can order support based on California's statewide guideline.
- Other benefits for the child. Legal parentage can also matter for health insurance, inheritance and certain government benefits.
The court may also make orders about some costs related to the pregnancy and birth.
Why parents come to us
Some parents want to be part of their child's life and need a court order to protect that time. Others need support for the child they are raising. Some have doubts about whether they are the parent at all. In each situation, acting early tends to give you more options. Waiting can make some issues harder to fix.
We can help you decide whether to sign a declaration, request testing or file a court case. If you and the other parent agree, we can help put that agreement in writing so the court can make it an order. If you do not agree, we can guide you through the court process and help you prepare for each step. Once parentage is settled, we can also help with a parenting plan and support.
Talk with a Whittier paternity lawyer
Steven Ibarra personally handles every case, and we offer same-day appointments in person or by video. We are available 24/7. Call (562) 612-7806 or contact us to schedule a consultation. You can also browse our family law FAQs. Hablamos español.