Some of the top benefits of establishing paternity include:

• The child gains access to financial support, including health insurance and potential inheritances.
• Both parents have the legal right to request custody, visitation, or modifications.
• The child is able to receive Social Security or Veterans’ benefits from either parent, if applicable to their situation.
• It helps foster a legal and emotional connection between a parent and their child.

Despite California’s high rate of paternity establishment, sitting at 97.4% statewide, 1 in 14 children are still born without paternity legally recognized. This can lead to significant legal complications later on, which is why it’s important to connect with a lawyer and resolve this issue as soon as possible.

How Paternity Is Legally Established in California

There are many different ways to establish paternity in California. The method you choose will depend on the circumstances of your case. Regardless, the process is fairly straightforward if both parents agree to determine paternity. If not, the court will need to get involved to resolve any disputes.

Some of the most common ways paternity is established in Riverside include:

• Voluntary Declaration of Parentage (VDOP): This is a form both parents may sign to acknowledge that the other individual is the child’s legal parent. In most cases, this form is signed at the hospital.
• Court-ordered genetic testing: When paternity is contested, the court may decide to order DNA testing to determine a child’s biological parent.
• Presumed paternity through marriage: Married spouses are generally presumed to be a child’s legal parent until proven through some other means.

Fortunately for families living in Riverside, the VDOP program is extremely accessible. There are 14 hospitals offering it at the time of birth, including Eisenhower Health in Rancho Mirage, California. This makes it easier for new parents to establish paternity right away rather than trying to juggle it later on while also dealing with the time and effort of raising a child.

What Happens if Paternity Isn’t Established?

When paternity isn’t established, important issues like child custody, child support, and spousal support could be delayed or unfairly denied. This could unfairly strip a parent of their right to make decisions over their child, which could be especially problematic if you are dealing with a parent who is trying to avoid responsibility.

Some possible complications include:

• Leaving one parent with the responsibilities of full legal custody when unnecessary
• The inability to seek or enforce child support
• Stripping a child of certain benefits they could have, like inheritance rights
• Greater legal complexity when issues inevitably come up in the future

FAQs

Q: Do You Need a Lawyer for Paternity Court?

A: While you are not legally required to hire a lawyer for paternity court, having one can make the process significantly smoother. This is especially true when the case is contested. A lawyer can step in to help you file paperwork correctly, represent your interests during hearings, and help guide you through each step to avoid making any unnecessary mistakes. Even if your case seems simple, a lawyer can help prevent you from inadvertently causing delays.

Q: Can You Get a Paternity Test Without a Lawyer?

A: Yes, it is possible to get a paternity test on your own. Some couples choose to do this before engaging the legal system. However, if you’d like to use the tests in court to enforce certain legal decisions, you’ll need to follow rules that limit how the sample is collected and documented. Without securing a lawyer to supervise this process, you could later find yourself stuck with evidence that cannot be used in court.

Q: How Much Is Paternity Court?

A: The total cost of paternity court can vary on a case-by-case basis. For instance, contested cases will cost more in most scenarios. In addition to the costs associated with hiring an attorney, you will likely also have to pay fees for court filings and DNA services. If the case involves disputes over custody or child support payments, your overall costs could rise based on how much time and preparation are involved.

Q: What Happens After Paternity Is Established?

A: Once paternity has been legally established for your child, the court will begin addressing other issues that may have been outstanding, like child support and visitation. Both parents will also now be recognized as having certain rights and responsibilities over the child. The individual who now has parental rights will have legal grounds to request parenting time and other legal needs. This is the first step to creating a fair parenting agreement.

Contact Najera Law Group, APC, Today

If you have paternity questions, contact our firm today. Whether you need to establish paternity for yourself or your child’s other parent, we are here to help ensure this missing information comes to light for the benefit of you and your family.