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
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
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