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Paternity

Until paternity is established, the father does not have the legal rights or responsibilities of a parent. Establishing paternity is necessary before custody, visitation and child support will be ordered by a court. If a man does not admit that he is the father, the court may order the mother, child and alleged father to submit to genetic testing.

Benefits of Establishing Paternity

• Support from both parents
• Legal documentation of who his/her parents are
• Access to family medical records
• Medical and life insurance coverage from either parent
• Inheritance protection
• Social security and veteran's benefits, if applicable

Establishing paternity can help the father experience the companionship and emotional rewards that come with spending time with his child. He can enjoy the benefits of fatherhood, which may include:

• Legal establishment of parental rights and responsibilities
• Having his name added to the child's birth certificate
• The opportunity to give the child his legal name if both parents agree
• The ability to add the child to his health insurance plan
• The assurance that social security or veteran's benefits will be paid to the child in the event of his death or disability, if eligible
• Protecting his child's right to inherit from him
• The right to seek custody or visitation in a court action and to be consulted about the adoption of the child

Establishing paternity can help a mother by having the father share the financial burden and emotional pressure that many single parents experience. Cooperative parenting can provide strong emotional support for the mother, father and child. The mother can also enjoy the benefits of paternity, which may include:

• Improving financial security for the family
• Information about family medical history
• Help in sharing the parental responsibilities
• Access to medical insurance coverage for the child
• How Paternity is Established

Paternity is established in court and can be done with or without the father's assistance. In the process of establishing paternity, the mother may be asked some questions about her intimate relationship with the father or other men. These questions may be avoided if the alleged father admits paternity and cooperates in the establishment of paternity. Also, if the alleged father agrees he is the father, he can sign a Declaration of Paternity form stating he is the father.

If the alleged father will not cooperate, DCSS may establish paternity without the father's assistance. If the alleged father fails to answer a legal complaint that he is the father, the court may find him to be the father by default. Alternatively, if the alleged father disagrees with or contests the claim that he is the father, genetic blood testing may be scheduled by DCSS if you have an open case with this office. There is no cost to you if a judgment has not been filed.

If paternity has already been established, you must obtain a court order re-opening the issue of paternity before we will schedule blood testing. Mother, father and child must have blood drawn. The blood samples are drawn every Tuesday. The cost is $70.00 per person drawn and paid by the named father unless the results exclude him as the father. Blood test results take 4 to 6 weeks.

What DCSS needs to establish paternity when the alleged father does not cooperate:

• Facts about the relationship, the pregnancy and the child's birth
• Whether or not the alleged father ever provided financially for the child
• Whether or not the alleged father ever admitted in any way that the child was his
• A picture of the alleged father with the child
• Any information from others who could establish the mother and the alleged father's relationship
• The alleged father's home and business address
• Whether the child was conceived in California, and if the child ever lived in California
• Whether or not the father ever lived with the child

Note: If you are required to submit a Paternity Questionnaire to DCSS, you can download and print the form from On-Line Forms.

If the mother and father were not married at the time the child was conceived, and the father has not signed a Declaration of Paternity, the case will be more complicated and will probably take longer to conclude. The alleged father has the right to a trial in court to decide the issue of paternity and to have an attorney to represent him in court.

An attorney will be appointed to represent the father if he can not afford one. The mother may have to appear in court to give testimony where a trial or hearing is necessary. Many cases set for trial result in settlement at the last moment. If that happens, your testimony will not be needed.