June 7 . 1 min read
Paternity—or parentage—refers to the legal recognition of a parent’s relationship to a child. In California, establishing paternity is essential for determining custody, visitation, and child support rights and responsibilities. Whether you’re seeking to confirm paternity or challenge it, the process can be legally complex and emotionally charged.
At Feak & Revelo, LLP, our San Jose family law attorneys help parents and alleged parents navigate the legal path to establishing or disputing paternity. Here’s what you need to know about your rights and options under California law.
Why Establishing Paternity Matters
Legal paternity is about more than biology—it’s about securing a child’s legal rights and ensuring both parents can participate in the child’s upbringing. Without an official court determination or signed declaration, a father may not have any enforceable custody or visitation rights, and a child may not have access to essential benefits.
Establishing paternity allows for:
- Court-ordered child support.
- Legal custody and visitation arrangements.
- Access to family medical history.
- Health insurance and other benefits through the father.
- Inheritance rights.
If paternity is not legally established, even a biological father may be excluded from key decisions or support obligations related to the child.
How to Establish Paternity in California
There are two main ways to establish paternity in California: by mutual agreement or through a court order.
That includes:
- Voluntary Declaration of Parentage
When both parents agree on who the biological father is, they can sign a Voluntary Declaration of Parentage at the hospital when the child is born, or later through a state-approved form. This legally establishes paternity without needing to go to court.
- Court-Ordered Paternity Action
If there is disagreement or one party refuses to acknowledge paternity, either parent, the child, or a government agency, such as the local child support agency, can file a petition with the court. The judge may order genetic testing to determine biological parentage. Once paternity is legally established, the court can issue custody, visitation, and child support orders.
At Feak & Revelo, LLP, we help clients prepare and file all necessary paperwork, guide them through the DNA testing process, and represent them at hearings when needed.
Challenging Paternity in California
Sometimes, a man may be legally recognized as a father but later believe he is not the child’s biological parent. Challenging paternity requires swift legal action—there are strict timelines for contesting parentage after a Voluntary Declaration has been signed or a court order has been issued.
To challenge paternity, the alleged father typically must:
- Petition the court within two years of the child’s birth or paternity declaration.
- Provide compelling evidence, such as DNA test results.
- Demonstrate that he signed a declaration under mistake, fraud, or duress (if applicable).
Because these cases can affect child support, custody rights, and family relationships, working with an experienced family law attorney is essential to understand your options and protect your interests.
Feak & Revelo, LLP, Can Guide You Through the Legal Process
Whether you’re seeking to confirm your parental rights or challenge an existing paternity finding, the legal process can feel overwhelming. At Feak & Revelo, LLP, our Santa Clara County family law attorneys provide clear, compassionate guidance every step of the way.
Contact us today at (408) 501-8883 or online for a confidential consultation to discuss your parentage case and protect your family’s future.
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