How To Get a Court-Ordered Paternity Test in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |There are multiple reasons why paternity may be court-ordered. Mothers use the orders to begin the process of receiving child support, while fathers may also seek court-ordered paternity to gain legal and physical custody of their child. No matter the reasons, understanding how to get a court-ordered paternity test in California is a crucial first step in establishing the legal father of a child.
Opening a Parentage case
Establishing paternity is a critical first step for ensuring that a child has the right to financial support, benefits, and inheritance in California. When paternity is disputed or uncertain, the court can intervene by ordering genetic testing. Either parent can petition the court to begin this process.
In California, the process typically begins when either the mother, the alleged father, or the child support agency files a parentage case with the court. If there is disagreement about a child’s biological father, the court may order DNA testing to confirm parentage before issuing any final orders regarding child support, custody, or visitation.
If you need a court-ordered paternity test, you can open a parentage case in the appropriate county Superior Court. The person seeking to establish or challenge paternity can file what is known as a Petition to Determine Parental Relationship.
The local Child Support Services Department (CSSD) may also open a case if the child receives public assistance or if child support needs to be established. The next steps involve hearings and genetic testing before a judge signs off on the identity of the biological father.
Complying With Court-Ordered DNA Testing
California courts generally rely on DNA testing through certified laboratories. While blood tests were used in the past, swabs of the inside of the cheek of the male can be used to determine paternity with great accuracy. For a valid test, the child’s DNA is compared with the father’s DNA. In some cases, the mother’s DNA may be taken as well to strengthen the results.
Genetic testing plays a crucial role in securing legal rights for children, including the right to child support, health insurance, and access to medical history. It can also formally establish rights for fathers, such as custody, visitation, and being named on the child’s birth certificate when the father takes further court steps to establish paternity.
Why Paternity Establishment Matters in California
Paternity establishment directly impacts child support and custody arrangements across the state. Based on recent data, California has approximately 601,899 single-mother households, which account for about 13.6% of all households with children under 18. In Fiscal Year 2023, the state collected over $2.5 billion in child support payments, with a large portion distributed directly to families.
Nationwide, mothers represent about 79.9% of custodial parents, according to the U.S. Census Bureau. In California, dads receive roughly 32.8% of parenting time on average. Establishing paternity ensures that both parents can exercise legal rights related to custody, visitation, and financial responsibilities.
What Happens After Paternity Is Established?
Once paternity is confirmed, the court will issue a judgment of parentage. This court order formally gives the child full and legal rights to both parents. Often, the father is required to contribute child support to provide regular payments that can cover schooling, healthcare, and other basic needs.
Child support payment amounts are typically determined based on California’s child support guidelines, which consider each parent’s income and how much time the child spends with each parent. Once an order is sent, the obligor is required to make timely payments.
If paternity is established through a CSSD case, that agency will continue to manage child support collections and enforcement. Otherwise, the parents may negotiate their own custody, visitation, and support agreements, subject to court approval.
FAQs
How Do I Get a Court-Ordered Paternity Test in California?
To get a court-ordered paternity test in California, file a Petition to Establish Parental Relationship with the family court. The judge may order genetic testing if paternity is disputed. Filing early on protects your ability to seek custody, visitation, or child support. Acting quickly also prevents unnecessary delays that could affect parental rights or financial responsibilities linked to the child’s upbringing.
Do I Need a Lawyer to Request a Court-Ordered Paternity Test in California?
You do not need a lawyer to request a court-ordered paternity test in California, but legal help can make the process faster and less stressful. Filing paperwork correctly and following court procedures increases your chances of securing a testing order without setbacks. Mistakes in the process can cause delays or denials. An attorney can streamline the process while avoiding errors that could delay the paternity results.
Can a Mother Refuse a Court-Ordered Paternity Test in California?
A mother cannot legally refuse a court-ordered paternity test in California. If she refuses, the court can enforce penalties, issue sanctions, or accept noncooperation as evidence against her position. File your request for testing through the court as soon as possible to avoid complications. Courts expect full cooperation, and failure to comply with orders can negatively impact custody, visitation, and support rulings.
How Long Does a Father Have to Establish Paternity in California?
In California, a father typically must establish paternity within two years of the child’s birth if paternity is presumed. Filing quickly prevents complications that could weaken parental rights or obligations. Missing deadlines risks losing the chance to contest paternity or enforce parental involvement. Submitting the necessary court paperwork as soon as possible keeps all legal options open for future custody or support matters.
Take the First Step Toward Establishing Legal Parentage With Quinn & Dworakowski, LLP
Requesting a court-ordered paternity test in California is an important step for securing parental rights and responsibilities. Whether you are seeking to confirm paternity for custody, visitation, or support purposes, filing the correct petition and following court procedures is essential. Acting quickly can make a major difference in protecting your relationship with your child.
At Quinn & Dworakowski, LLP, our family law attorneys are ready to help you pursue a court-ordered paternity test with care and precision. We can tailor our strategies to your situation while keeping your child’s well-being as the central focus. Contact our office today to schedule a consultation.
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