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Last Modified on Mar 05, 2025
A father must take proactive measures to protect his paternity rights in California through legal paternity establishment and custody and visitation order applications while maintaining knowledge of his legal rights. Fathers who perform these actions will secure their role in their children’s lives, which will bring advantages to all involved parties. Knowing how to protect your paternity rights in California courts can help you achieve a favorable outcome.
Understanding Paternity in California
A “paternity” designation in California establishes a man’s legal status as a child’s father. A father must establish paternity to obtain legal rights and fulfill parental duties, such as custody and child support. The child gains access to financial support and inheritance rights, as well as medical history records, through paternity establishment.
In 2022, 1,461,305 live births were to unmarried women, which was 39.8% of all births. Establishing paternity in these cases is necessary for securing fathers’ rights and children’s benefits. In 2020, about 4.4 million adults made mandatory child support payments, many of which were paid by fathers.
Steps to Protect Your Paternity Rights in California
Fathers in California need to protect their paternity rights to legally establish relationships with their children. A skilled paternity lawyer team can help you gain legal recognition and decision-making power in key areas like custody, visitation, and education. Without this, you risk being excluded from your child’s life and important decisions.
Establish Legal Paternity
The first step to securing your paternity rights in California is to establish legal paternity. Paternity can be established through a variety of methods, including:
- Voluntary Declaration of Paternity (VDP). The man becomes legally recognized as the father after both parents sign a formal paternity declaration. The voluntary declaration of paternity process typically occurs at the hospital following the child’s birth, yet remains available for completion at a later date.
- Court order. Both parents have the right to file a paternity case in court when the father’s parenthood remains unacknowledged or contested. A court has the authority to mandate genetic testing to identify biological parentage.
- Marriage presumption. The law assumes that a married husband is the legal father of any child born to his wife. There are specific conditions that allow people to dispute this legal assumption.
Establishing legal paternity grants you rights that you cannot have access to without it.
Seek Custody and Visitation
After paternity becomes legally recognized, you have the ability to request custody and visitation orders from the court. California law assumes children benefit from relationships with both parents while granting both parents equal custody and visitation rights unless there are safety or well-being concerns for the child.
You may request physical custody, which determines where the child will live. As a father, you can request joint or sole physical custody. You may also request legal custody, which refers to the decision-making authority of the parent, including healthcare, education, and religion. This is usually shared.
You can apply for a visitation schedule even if you do not gain primary physical custody. California courts promote ongoing interaction between children and both parents, except when past abuse necessitates contact limitations.
Document Your Involvement and Interactions
Having precise and detailed records of your relationship with your child helps you greatly when you need to establish custody or visitation rights. Maintain records of all communications with your child’s mother through text messages and emails, as well as phone logs, to demonstrate your commitment to your child’s life.
Maintain records of all monetary support you give for your child’s needs, including food, clothing, education, and medical costs. Document each visit with your child by noting the date and length of the visit, as well as any activities you did together. You can use this documentation as proof of your involvement with your child during court proceedings to show your dedication to their well-being.
Stay Informed About Your Rights and Resources
Understanding the California Family Code, especially the sections on child custody, child support, and paternity, is essential for fathers involved in family law matters. You can access the full code through the California Legislative Information website.
The California Department of Child Support Services offers valuable information and resources about paternity establishment, child support enforcement, and the rights of fathers in California. There are several resources available throughout California that can assist fathers in protecting their paternity rights, including local courthouses and legal aid centers.
FAQs
How Can a Father Lose Visitation Rights in California?
A father can lose visitation rights in California if the court finds that his presence poses risks to the child’s safety through actions such as abuse, neglect, or substance abuse. Court orders may result in suspended or limited visitation rights if the father does not follow court directives or acts in ways that threaten the child’s well-being.
What Rights Does a Father Have if Paternity Is Established?
Establishing paternity in California gives fathers the legal right to pursue custody and visitation rights, along with decision-making power over the child’s education and healthcare, while enabling them to request child support payments from the mother. A father can access medical information and claim inheritance rights, as well as child benefits, such as Social Security and health insurance, when paternity is established.
What Is the Jurisdiction of Paternity in California?
The family court in California exercises paternity jurisdiction in the county where either the child resides or the mother and child live together. The location of a child’s birth or the residence of parents at the time a paternity case is filed can establish jurisdiction. The establishment of paternity enables California courts to rule on matters of child custody, support payments, and visitation rights.
How Long Does a Father Have to Be Absent to Lose His Rights in California?
California law states a father can lose his parental rights if he stays absent and leaves the child with the other parent for at least one year without participating in his child’s life. The court considers a father to have abandoned his child when he fails to provide support or keep regular contact. If the child was left with another person other than the mother, the time period is six months.
Contact The Law Offices of Michelanne Hrubic To Discuss Your Paternity Right
If you are looking to establish your paternity rights in California, the Law Offices of Michelanne Hrubic can help. Contact us today to understand your legal options and begin fighting for your rights.
