Paternity - Fathers' Rights

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Paternity - Fathers' Rights
Los Angeles

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What Does Establishing Paternity Mean?

Establishing paternity is about legally confirming who a child’s parents are. Think of it as creating an official document that states, "These are the people responsible for this child" This process is crucial for fathers who want to be recognized as a parent and be involved in their child's life, or for mothers who want to establish the paternity of a minor child, ensuring the best interests of the child are met. It often requires a Family court order that officially identifies the legal parents.

Traditionally, women filed to get child support from the father. However, today more men are filing to secure their rights to see and care for their children. As more children are being born outside of marriage, and many men are now primary caregivers, it has become important for men to ensure they can stay in their children’s lives.

At Progresso Legal Group, we focus on the best interests of children, working with parents to create a better environment and quality lifestyle. We help educate children with values and physical, mental, and emotional strength. When we assist dads with custody and visitation in family court, we start by gathering all the facts and setting expectations. This helps clear up common misconceptions and myths about California child custody for dads.

Understanding Paternity Cases

A parentage case, also called a paternity case, is needed in California when a child is born to parents who are not married or when assisted reproduction is used with sperm or egg donation.

Unmarried Parents: If the parents weren't married when the child was born, the court must establish who the child's parents are before making decisions about custody, visitation, or child support.

Assisted Reproduction: If the parents used assisted reproduction with sperm or egg donation, the court needs to establish parentage, unless the donation was from their spouse.

Either parent or the Department of Child Support Services (DCSS) can start a parentage case. The case can also include requests for child support, custody, and visitation orders. A parentage judgment can help the child receive support, inheritance rights, or Social Security benefits. The court where you file depends on where you live in Los Angeles.

For instance, a mother might file a paternity case to prove who the father is and to get child support. Imagine Maria filing a paternity case to make sure her child, Juan, gets financial help from his father, Carlos. On the other hand, a father might file a case to spend time with and take care of his child. Consider John filing a paternity case to ensure he can visit and care for his daughter, Emma, after separating from Emma's mother.

Why Is Establishing Paternity Important?

When parents are not married, there can be confusion about who the legal father is. Establishing paternity is important because it gives the father legal rights and responsibilities, like the right to see their child, make important decisions about their child's life, and provide financial support. For fathers who might feel they're being kept out of their child's life or manipulated, establishing paternity is the first step to ensuring they can have a meaningful relationship with their child.

How to Establish Paternity:

Establishing paternity is an important legal process that determines the biological father of a child. This can be done in a few different ways, depending on the circumstances and the agreement between the parents.

The process starts with either parent filing the case in court. If there’s a question about who the father is, a genetic (DNA) test can be ordered. The test provides the court with 99% certainty about whether a man is the father. Using the test results, the court decides if the man is the legal father and then determines child support, custody, and visitation rights. Here are the main methods:

1. Voluntary Declaration of Paternity
The Voluntary Declaration of Paternity is a straightforward process often used when both parents are in agreement about the identity of the father. Here’s how it works:
- What It Is:
  A legal document that both parents sign to acknowledge that they are the child's biological parents.
- When It's Used: This form is typically used when the parents are not married but agree on who the father is.
- The Process:
  - The form can be signed at the hospital right after the child’s birth or later at a local child support agency, welfare office, or vital records office.
  - By signing this form, both parents are voluntarily acknowledging paternity, which means they are agreeing that the man signing is the biological father of the child.
  - Once signed, the father's name can be added to the child’s birth certificate.
  - This document has the same legal effect as a court order establishing paternity and can be used to establish child support, custody, and visitation rights.
Court Order
A court order is another way to establish paternity, especially when there is uncertainty or disagreement about who the biological father is. Here’s a breakdown of this process:
- What it a Court Order: A legal determination made by a court that identifies the biological father of a child.
- When It's A Court Order Used: This method is used when:
  - There is a dispute or doubt about paternity.
  - One party is not willing to sign the Voluntary Declaration of Paternity.
  - The mother is seeking child support or the father is seeking custody or visitation rights.
The Process of a Paternity:
- Either parent can file a petition with the court to establish paternity.
- The court may order genetic testing (DNA test) to determine biological parentage.
- DNA samples are usually taken from the mother, child, and alleged father. This can be done through a simple cheek swab.
- The results of the DNA test are highly accurate and can confirm paternity with nearly 100% certainty.
- Based on the results, the court will issue an order that establishes paternity. This order has the same legal implications as the Voluntary Declaration of Paternity and can be used to determine child support, custody, and visitation arrangements.

Establishing paternity is crucial for both legal and emotional reasons. It ensures that the child has access to benefits such as financial support, health insurance, inheritance rights, and access to family medical history. It also allows the father to have a relationship with the child, including rights and responsibilities associated with parenting.

When Is Someone Presumed to be the Parent?

The law sometimes automatically assumes someone is a child's parent, based on certain conditions, like:

The man was married to the child’s mother when the child was born or conceived.
He tried to marry the mother around the time the child was conceived or born.
He married the mother after the child was born and agreed to be listed on the birth certificate.
He welcomed the child into his home and acted as the child’s father.

What Happens After Paternity Is Established?

Once paternity is established, the legal parents must support the child financially. In California, not supporting your child can even be considered a crime. Legal parents also have the right to seek custody or visitation, meaning they can spend time with their child and make important decisions about their child’s upbringing.

Rights of Unmarried Parents

Differences Between Unmarried and Married Parents

Unmarried parents are in a different legal position than married couples. For a mother, it’s clear that she is the parent because she gives birth to the child, so she automatically gets legal and physical custody. However, an unmarried father must prove he is the father to have any rights. This is important in California because the law wants to make sure that children are raised in a stable environment and that parents take responsibility for their child.

Child Visitation

What is Reasonable Visitation?

Reasonable visitation means the non-custodial parent (the parent the child doesn’t live with most of the time) gets some time with the child. This usually includes:

Every other weekend
Every other weekend

What is Reasonable Visitation?

Reasonable visitation means that the non-custodial parent (the parent the child doesn’t live with most of the time) gets time to spend with the child. However, it doesn’t specify a set pattern or schedule. What one parent thinks is reasonable might not seem fair to the other parent.

Benefits and Challenges for Reasonable Visitation:

Reasonable visitation can be great if both parents get along and can communicate well. It allows them to create a flexible schedule that works for both of them and can include holidays, special occasions, and vacations. For example, parents might agree that the child spends every other weekend with the non-custodial parent and alternate holidays like Thanksgiving and Christmas.

Potential Problems for Reasonable Visitation:

However, reasonable visitation can be tricky if the parents don’t agree on how to split the child's time or if their relationship gets worse. Without a set schedule, disagreements can arise, and children may suffer as a result. For instance, if one parent wants to change the schedule at the last minute and the other parent disagrees, it can lead to conflicts.

Court Involvement

In cases where parents can’t agree, the custodial parent (the parent the child lives with most of the time) usually gets to decide what happens. The non-custodial parent might need to go back to court to ask a judge to change the custody arrangement or enforce the visitation orders. This can be a lengthy and stressful process.

In California, the court decides visitation based on the best interest of the child, ensuring the child maintains a healthy relationship with both parents.

How Courts Decide Visitation

If parents can’t agree on a different arrangement, the judge will likely follow a default schedule. This often includes visitation every other weekend and a weeknight dinner. Holidays are usually shared by alternating them (one parent gets odd years and the other gets even years) or splitting the day into morning and afternoon sessions. Fathers can expect visitation on Father’s Day and their birthdays. The child’s birthday generally alternates from year to year.

Imagine Sarah and Tom are unmarried parents who can't agree on a visitation schedule. The court might decide that Tom gets to see their child, Alex, every other weekend and one night during the week. For holidays, they might alternate Thanksgiving and Christmas, so one year Alex spends Thanksgiving with Tom and the next year with Sarah.

Supervised Visitation

What is Supervised Visitation?

Supervised visitation is ordered when one parent asks for it, and the court believes that the other parent might be dangerous, unstable, or needs supervision to ensure the child’s safety. In California, there are two types of monitors allowed:

Professional Monitors: These are unbiased professionals who can provide notes and reports to the court.
Family Monitors: These can be a relative or close family member.

The Impact of Supervised Visitation

Many men find supervised visitation uncomfortable and may feel humiliated, demeaned, or shamed. However, the presence of an objective third person can be useful. Reports from professional monitors can show how devoted, attentive, and wonderful a father is, which can counteract claims that the father is dangerous.

Proper Use of Supervised Visitation

Properly used, supervision can demonstrate a father’s dedication and care for his child. It can also reveal if the mother is being overly protective or alienating. In California, the goal is always the child’s best interest, ensuring they have a safe and supportive environment.

John is required to have supervised visitation with his daughter, Emily, because her mother, Lisa, is worried about Emily's safety. A professional monitor observes their visits and reports back to the court. Over time, the monitor’s reports show that John is a caring and responsible father, which helps him gain more unsupervised visitation.

What does establishing paternity mean?

Establishing paternity is about legally confirming who a child’s parents are. It creates an official document that states, "These are the people responsible for this child." This is crucial for fathers who want to be recognized as a parent and involved in their child's life, or for mothers who want to ensure the best interests of the child are met.

Why is establishing paternity important?

When parents are not married, there can be confusion about who the legal father is. Establishing paternity gives the father legal rights and responsibilities, like the right to see their child, make important decisions about their child's life, and provide financial support.

What is a parentage case?

A parentage case, also called a paternity case, is needed when a child is born to parents who are not married or when assisted reproduction is used with sperm or egg donation. It establishes who the child's parents are before making decisions about custody, visitation, or child support.

Who can start a parentage case?

Either parent or the Department of Child Support Services (DCSS) can start a parentage case. The case can include requests for child support, custody, and visitation orders.

What are the benefits of establishing paternity?

Establishing paternity helps the child receive support, inheritance rights, or Social Security benefits. It also allows the father to have a meaningful relationship with the child, including rights and responsibilities associated with parenting.

How can an unmarried father assert his rights?

An unmarried father can assert his rights by signing the birth certificate and the Voluntary Declaration of Paternity. This document, when signed, proves he is the father within 60 days if he doesn't revoke it.

Why file a paternity action?

Filing a paternity action allows a court to order visitation for the father and enforce his rights to access the child’s medical, dental, educational, and religious information.

What is a Voluntary Declaration of Paternity?

The Voluntary Declaration of Paternity is a legal document that both parents sign to acknowledge that they are the child's biological parents. It has the same legal effect as a court order establishing paternity and can be used to establish child support, custody, and visitation rights.

When is a court order used to establish paternity?

A court order is used to establish paternity when there is uncertainty or disagreement about who the biological father is, or when one party is not willing to sign the Voluntary Declaration of Paternity.

What is the process of establishing paternity through a court order?

Either parent can file a petition with the court to establish paternity. The court may order genetic testing (DNA test) to determine biological parentage. Based on the results, the court will issue an order that establishes paternity.

What are the benefits of a paternity judgment?

A paternity judgment helps the child receive support, inheritance rights, or Social Security benefits. It also ensures that the father can have a relationship with the child, including rights and responsibilities associated with parenting.

When is someone presumed to be the parent?

The law sometimes automatically assumes someone is a child's parent if certain conditions are met, such as being married to the child’s mother when the child was born or conceived, or if the man married the mother after the child was born and agreed to be listed on the birth certificate.

What happens after paternity is established?

Once paternity is established, the legal parents must support the child financially. Legal parents also have the right to seek custody or visitation, meaning they can spend time with their child and make important decisions about their child’s upbringing.

What are the rights of unmarried parents?

What is reasonable visitation?

Reasonable visitation means the non-custodial parent (the parent the child doesn’t live with most of the time) gets some time with the child. This usually includes every other weekend and a weeknight dinner.

How do courts decide visitation?

What is supervised visitation?

What is the impact of supervised visitation?

Many men find supervised visitation uncomfortable and may feel humiliated, but the presence of an objective third person can be useful. Reports from professional monitors can show how devoted, attentive, and wonderful a father is, which can counteract claims that the father is dangerous.

How is supervised visitation properly used?

Why choose Progresso Legal Group for paternity cases?

Progresso Legal Group has years of experience handling paternity actions. We focus on the best interests of children, working with parents to create a better environment and quality lifestyle. We help educate children with values and physical, mental, and emotional strength.

At Progresso Legal Group, our Los Angeles paternity attorneys are dedicated to supporting California’s father’s rights. For over 25 years, we have been helping fathers build and maintain relationships with their children, even when their relationship with the child’s mother has changed.

We understand that parental rights can be complex and challenging. Our Los Angeles County paternity lawyers offer compassionate and knowledgeable legal guidance to help you understand and enforce your rights, ensuring your children have the positive parental relationships they deserve.

If you are a father seeking to strengthen your bond with your child, contact Progresso Legal Group today. Let us help you navigate your legal options and support you in creating a brighter future for your family.

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