Do you need help establishing or contesting paternity in Pasadena, California? Look no further. At The Graves Law Firm, you can get a confidential consultation with an experienced Pasadena paternity lawyer. Contact us online or call our office at (626) 365-1037 for more information. We’re available 24/7.
We are dedicated to helping California families with a wide range of family law issues, including paternity, child custody, divorce, and more. Our team will use its in-depth knowledge and decades of experience to ensure that your legal rights are protected and your interests are advanced.
Whether you’re looking to establish paternity or contest it, we’ll fight for the best possible outcome for you and your child.
How The Graves Law Firm Can Help With Your Paternity Case in Pasadena, California
The Graves Law Firm has over 20 years of experience in family law. Our founding attorney is a Board Certified Family Law Specialist by The State Bar of California and has received numerous awards throughout her stellar legal career. We understand the nuances of family law and can devise legal strategies tailored to your specific case.
When you hire our Pasadena family lawyer, we can help by:
- Discussing your objectives for your paternity case
- Developing a tailored case strategy
- Explaining California’s family laws that apply to your case
- Evaluating your legal options and the ramifications of different legal avenues
- Filing necessary legal paperwork
- Negotiating for an out-of-court solution when possible
- Representing you in court
Our paternity lawyer in Pasadena, CA, will compassionately guide and support you throughout every step of your case. Contact us today to schedule an initial consultation.
What Is Paternity?
Paternity means someone is the father of a child. There are two types of paternity: biological and legal. A person may be genetically related to the child as their father, or they could be considered the legal father even when there is no biological connection.
Why It’s Important To Establish Paternity
It is often necessary to establish legal paternity in order for the other parent to begin receiving child support from the father. Fathers may wish to establish paternity so that they can ask for custody and visitation (parenting time) orders, which are only available to legal parents.
Other benefits of formally establishing paternity include:
- Children being eligible to receive financial benefits from their father, such as Social Security or survivors’ benefits
- Children being able to inherit from their parent
- Parent being able to inherit from their children
- Being listed on the child’s birth certificate
- Being able to list a child on the father’s healthcare plan
- Being able to dispute an adoption
Additionally, establishing paternity can help ease doubt about fatherhood and help the child emotionally, knowing that they are accepted and loved.
An experienced paternity lawyer can discuss other benefits of formally establishing paternity when you retain our legal services.
How Is Paternity Established in California?
Paternity can be established in various ways, depending on the circumstances. Some of the most common ways of establishing paternity in California include the following:
Through Marriage
If the child was conceived during the parents’ legal marriage, the law assumes the husband is the child’s father in most cases. However, this assumption can be overcome in certain circumstances.
You have a limited amount of time to prove you are not the father, so it’s important to take prompt legal action if you have discovered your child is not your biological child.
By a Voluntary Declaration of Paternity
California’s Parentage Opportunity Program allows parents to sign a voluntary declaration of paternity that acknowledges their paternity. Because signing this form can have severe legal consequences, you should not sign this form if you have any doubt about your child’s paternity.
Through a Court Order
A judge can determine that someone is the legal father in a court case, which sometimes might include genetic testing.
Parentage by Estoppel
Parentage by estoppel means that a parent has always treated a child as their own. Paternity can be established and child support ordered when a father has held a child out as his own.
An experienced family law attorney can review your case to determine if paternity has already been legally established or if you must take additional steps to advance your interests.
The Legal Process of Establishing Paternity
The legal process of establishing paternity will be different depending on whether you are voluntarily declaring paternity or paternity is contested.
Voluntary Declaration of Paternity
A voluntary declaration of paternity requires the consent of both parties. With this option, the parents fill out and sign a voluntary declaration of paternity form. This document is available at the hospital, and signing it then allows the father’s name to be added to the birth certificate.
If the form is not signed there, the parents can obtain the form from any of the following locations:
- Local child support office
- Registrar of births
- Family law facilitators
- Welfare offices
The parents must notarize the form and file it with the California Department of Child Support Services. Going this route allows the parents to establish paternity and avoid going to court to do so or for genetic testing.
Court Order To Establish Parentage
If one of the parents contests paternity and refuses to sign a voluntary declaration, one of the parents must seek a court order to legally establish paternity. The preliminary documents that you will need to file include:
- A petition to establish paternal relationship
- A summons
- A declaration under the Uniform Child Custody Jurisdiction and Enforcement Act
You will need to complete additional forms if you are seeking child support or custody. The parent filing the petition must have the other parent properly served with the legal paperwork. The other parent has 30 days to respond to avoid a default judgment against them.
If the other parent agrees with the relief the other parent is seeking, they can file paperwork to acknowledge this. A judge must approve any agreements regarding child support or parenting time. If the other parent contests paternity, the case proceeds to court, where the judge will likely order genetic testing.
The Graves Law Firm has extensive experience representing individuals in these types of cases. We can discuss how we can help when you call for your initial consultation.
DNA Testing in California Paternity Cases
If a father contests paternity or believes that someone else may be the biological father, he can request DNA testing from the court.
This test typically involves rubbing a cotton swab inside the alleged father’s mouth. A separate sample is taken from the child. The two saliva samples are compared to see if they make a genetic father-child match. If the Department of Child Support Services completes these services, there is not usually a charge.
Note that this is the legal process of establishing paternity. Using an at-home kit or other informal method will not meet the testing requirements to provide the basis of legal paternity or child support.
If you are subject to a court order involving DNA testing, it’s best to work with an experienced paternity lawyer who can ensure that any testing that is performed complies with the applicable law.
Contact Our Pasadena Paternity Attorneys Today for an Initial Consultation
If you would like to establish paternity or contest paternity after being served with legal papers, a paternity lawyer in Pasadena from The Graves Law Firm can help. Our firm is a well-respected family law firm that has assisted many clients resolve various family law issues, including paternity issues, child custody, visitation, and child support.
Our founding attorney is also a Board Certified Family Law Specialist with over 20 years of experience helping families in and around Pasadena, California.
We understand that these matters can be emotionally and legally complex. We are here to provide compassionate legal services. We can guide you through the legal process with understanding and empathy. Call us today to arrange a confidential, no-obligation consultation.
