California Paternity Law 2025 Explained
By Stephane Quinn | By Quinn & Dworakowski LLP |Establishing paternity for a child can be an important first step that gives fathers rights and responsibilities to their children. While biological dads have fundamental rights to their children, they must establish paternity if they were not married to the mother before they can have enforceable visitation and legal rights. California paternity law determines the process of establishing paternity for fathers.
Establishing Legal Parentage in California
In California, paternity must be legally established before a court can order child support, custody, or visitation. If parents are married at the time of conception, the law generally presumes the husband is the father. For unmarried parents, legal parentage must be established voluntarily or through the courts.
One option could be to sign the Declaration of Parentage under California’s Parentage Opportunity Program (POP). Signing this form creates a legal parental relationship without needing a court order. If no voluntary declaration is filed, either parent or a local child support agency can initiate a court case to determine paternity.
As of the latest data, California has approximately 601,899 single-mother households, which represent about 13.6% of all households with children.
In Orange County, paternity cases are handled at the Lamoreaux Justice Center, 341 The City Drive South, Orange, CA 92868. In Sacramento County, cases are processed at the William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road, Sacramento, CA 95826.
Genetic Testing and Parentage
When a paternity case is filed, the alleged father has the right to request genetic testing. To start the DNA testing process, the father can deny paternity and ask for testing. The most common DNA method uses a swab that collects cells from within the cheek. The process is painless and as effective as traditional blood testing.
The local child support agency typically schedules genetic testing appointments. Both parents and the child must attend, and participants must bring government-issued photo identification. Missing a scheduled DNA test can have serious consequences.
If the alleged father fails to appear, the court may rule by default that he is the legal father. Similarly, a parent receiving public assistance who fails to cooperate could see their aid reduced or the case closed.
Rights and Responsibilities of Fathers
Once paternity is established, the work isn’t over. For a father to secure custody and visitation rights, they must take the further step of going to court to formally establish parental rights. Once a judge signs off on these rights, the father has court-enforceable rights to see their child. Legal parentage comes with rights and responsibilities.
In fiscal year 2023, California collected over $2.5 billion in child support payments, with a significant portion distributed directly to families. Legal parentage ensures a child’s right to financial support, access to medical history, and eligibility for benefits such as Social Security and inheritance.
The establishment of paternity also strengthens emotional ties between children and both parents, contributing to more stable family dynamics. In 2024, California successfully established paternity for 97.4% of the children involved in its child support program, showing how crucial this process is for families across the state.
Establishing parentage provides legal protections for both the child and the parents. Whether through a voluntary declaration or court-ordered testing, securing legal parentage is an essential step toward protecting your family’s financial security and future.
FAQs
How Can Paternity Be Established in California?
Paternity in California can be established voluntarily by signing a Declaration of Paternity or through a court order if either parent disputes it. Establishing paternity is necessary for legal rights like custody, visitation, and child support. Taking quick action to establish parentage protects your legal relationship with your child and ensures you have the right to participate in important decisions about their future.
How Long Does a Father Have to Establish Paternity in California?
A father typically has two years from the child’s birth to challenge or confirm paternity if it was presumed. Waiting too long can make it harder to dispute parentage or secure rights. Filing to establish paternity early on can protect your access to custody, visitation, and the ability to be fully involved in the child’s life without unnecessary legal complications later.
Do Unmarried Fathers Have Parental Rights in California?
Unmarried fathers do have parental rights in California, but those rights must be legally established through paternity. Signing a Declaration of Paternity or obtaining a court order creates enforceable rights to custody and visitation. Acting quickly to establish paternity protects your ability to make decisions for your child and prevents the risk of being left out of important life choices.
What Happens if You Miss Genetic Testing for Paternity?
If you miss your scheduled genetic testing for paternity and fail to notify the court why, a judge may rule that you are the legal parent by default. Missing an appointment or failing to participate in the parentage process can lead to legal complications for you. The courts expect full cooperation from both parents during a paternity case. If you cannot attend the appointment, you must immediately contact the child support office to reschedule.
Does the Father’s Name on the Birth Certificate Establish Paternity in California?
Having a father’s name on the birth certificate alone does not automatically establish legal paternity in California. A separate Declaration of Paternity or court order is required to create full legal rights. If no legal action is taken, the father may have no enforceable rights to custody or visitation. Properly establishing paternity establishes rights and responsibilities to your child.
Establish Legal Parentage With Confidence – Contact Quinn & Dworakowski, LLP
Establishing legal paternity in California is essential for securing parental rights and responsibilities. Whether you’re seeking to assert your rights or clarify obligations, understanding the legal process is crucial. Taking timely and appropriate legal action can protect your relationship with your child and ensure compliance with state laws
At Quinn & Dworakowski, LLP, our experienced family law attorneys are ready to guide you through the paternity establishment process. We can tailor our strategies to your unique situation, ensuring your parental rights are protected, and your child’s best interests remain the central focus. Contact our office today to schedule a consultation and discuss your options.
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