A DNA test can confirm if someone is the biological father, but it doesn’t automatically establish legal rights in California. To secure custody, visitation or any decision-making authority, taking additional legal steps are required.
What Is Legal Paternity in California?
Legal paternity mainly refers to a man being recognized by the court as a child’s legal father. In California, biological fatherhood and legal fatherhood are not always the same thing. A man can be the biological father, but until legal paternity is established, he might not have visitation or custody rights.
This type of legal paternity can be established in multiple different ways. If parents are married when a child is born, the husband is typically presumed to be the legal father. Unmarried parents can sign a Voluntary Declaration of Parentage, which has the same legal effect as a court order. If paternity is disputed, the court can determine parental rights through formal legal proceedings. After legal paternity is established, the father gets both rights and responsibilities under California law.
When Is DNA Testing Required?
DNA testing is usually required when the paternity of the child is called into question. If one parent challenges whether or not a man is the biological father, the court can order genetic testing. These tests are known to be extremely accurate and are done through approved laboratories to maximize the likelihood of accuracy.
In certain cases, a mother can request child support and name a man as the father which can cause the court to require testing. On the other hand, a man who thinks he’s the biological father can request testing to confirm paternity before trying to get custody or visitation rights. Refusing court-ordered testing can negatively impact a case since judges can come to conclusions based on this refusal.
Filing a Petition to Establish Parental Relationship
If the parents weren’t married and no Voluntary Declaration of Parentage was signed, a father must file a Petition to Establish Parental Relationship in California family court. This formal legal process is what asks the court to deem him as the child’s legal parent.
After the petition is filed, the court can come to their conclusion and address any issues related to custody and child support. Establishing paternity through the court is what creates a father’s rights and obligations. Without a court order, even a biological father might have trouble gaining access to significant parental involvement.
Why Testing Alone Is Not Enough
A DNA test confirms the biology of it all, but it doesn’t grant legal rights. Without a court order that clearly explains legal paternity, a father can’t usually enforce his custody or visitation rights. He could also lack the legal capability to make any decisions related to the child’s medical care, education, or other important parenting choices.
Without paternal rights being established, the mother is usually looked at as the sole legal parent as far as custody is concerned. This is why testing is just the first step. A father must follow through with the appropriate legal process to fully protect their rights.
Custody and Visitation After Paternity Is Established?
Once the legal paternity is finally confirmed, the father has the right to request custody and visitation orders. California courts make custody decisions based on the child’s best interests. This includes taking things like safety, stability, and general relationships with each parent into account before making any concrete decisions.
Fathers can seek joint legal custody, shared physical custody, or scheduled visitation rights. After establishing paternity, moving as quickly as possible is the best way to showcase a strong father’s position. This is especially key if the father has been involved consistently in the child’s life.
Getting Legal Guidance
Navigating the process of paternity rights can be stressful and complex. Having the right legal team to support you through every step will put you in the best position possible. Men’s Legal Center in San Diego is here to help. Make sure you reach out for your free case review as soon as possible.