What Are Fathers Rights in Paternity Cases in California?

While some people might have the misconception that mothers have more rights than fathers, that is not the case in the state of California. Fathers with established paternity have the same rights to the child as mothers. Because of this, it’s important to establish paternity, which might leave you wondering, “What are the father’s rights in paternity cases in California?”

The legal process of identifying the child’s biological father can help the father claim his parental rights. Moving forward with this process can be done either voluntarily or through a court order. Having a family lawyer involved can help ensure your rights are protected.

About Us

Najera Law Group, APC, has years of experience with family law. One client stated, “Steve Najera gave me so much hope that I have a chance to be with my girls. Through the whole process, Steve and Sai were there to make sure I’m taken care of.”

We intimately understand what your paternity rights are in California and aren’t afraid to stand up for you through the paternity process and beyond. In 2022, over 195,856 paternity and child custody cases were filed in California. You’re not alone, and we are here to help.

Establishing Paternity in California

If a father isn’t listed on the child’s birth certificate, then he doesn’t have automatic rights to his child. In order to receive those rights, he must establish paternity with the state. There are two ways to establish paternity in California:

1. The Voluntary Declaration of Parentage: If both parents agree on who the father is, then they can sign this declaration when the child is born at a hospital, like the Riverside Community Hospital, or at a local child support agency, like the Riverside Child Support Services office on Iowa Avenue. This document holds legal weight in the courtroom.
2. Court-ordered DNA Test: If the paternity is unclear or in dispute, then the court system could order that the father participate in genetic testing, which will confirm his biological connection to the child. This test is 99% accurate. If the alleged father doesn’t want to comply, then the court could use other evidence.

When paternity is established, the father receives equal rights to the child and can work toward a custody agreement or visitation rights. It can also help the child receive benefits, like healthcare, an inheritance, and social security, along with an emotional connection with their father.

Statute of Limitations

According to the Family Law Code in California, a father has until the child is 18 to establish parentage, but if it’s not established by then, the child could file to determine paternity before they turn 21.

Deciding to establish paternity can be initiated by:

• The child
• The mother
• The alleged father

Challenging paternity can involve lengthy and complex legal procedures that include time constraints. To proceed with this type of challenge, there must be new evidence, like genetic testing or claims of fraud.

According to the California Family Code 7646, the motion to set aside the established paternity can be filed within two years of when the father should have known or been informed of the paternity in question.

Because of the intense deadlines, the father must act quickly if he wishes to challenge paternity. Understanding the family attorney cost and working with a lawyer will also help the father work within the deadlines and represent his rights in court.

FAQs

Q: What Are the Father’s Parental Rights in California?

A: The state of California recognizes that both parents have equal rights when it comes to their children. Each parent has the right to seek custody agreements, and those agreements must be respected by both parties involved. If paternity is in question, the father might be asked to take a paternity test. Unless he is a danger to the children, the father has the same rights as the mother.

Q: Can a Mother Stop a Father From Seeing a Child in California?

A:  In short, no. The mother must follow the custody agreement that has been set in place. If she doesn’t follow the agreement, the custody agreement could be reopened and modified. The father may be denied custody or visitation in the following circumstances:

• No paternity has been established.
• The father is abusive or neglectful.
• There’s a restraining order against the father.
• The father has a substance abuse issue.
• The child would be unsafe with him.

Q: How Long Does a Father Have to Establish Paternity in California?

A: While there isn’t a deadline to establish paternity in California, it becomes more difficult once the child turns 18. Establishing paternity while the child is a minor is done through either a court-ordered DNA test or signing a Voluntary Declaration of Parentage. The more quickly you act to establish paternity, the better, because it allows you to have equal parental rights with the mother.

Q: What Are the Paternity Rules in California?

A: In order to have parental rights in California, the father must establish paternity, which gives him equal rights to the child, including visitation rights, child support, and child custody. If there is any question about paternity, the court might get involved by ordering a DNA test, which is generally 99% accurate. Establishing paternity not only gives the father equal rights to his child but can also benefit the child emotionally and allow the father and child to gain a relationship.

Contact the Najera Law Group, APC

In order to have legal rights and to be a vital part of your child’s life, it’s important to establish paternity. The team at Najera Law Group, APC, has helped other fathers do the same, and now, we are here to help you.

We at the Najera Law Group, APC, have years of experience with paternity cases and all types of family law matters, including child custody and child support. Our team understands how important it is to have a connection with your child and can help you stand up for your rights as the father.

Contact us today to schedule a consultation.