Paternity Rights
Paternity / POPS Program
Paternity
Paternity means fatherhood. Establishing paternity is
the legal process of determining who is the father of a child. When
the parents are legally married, in most cases, paternity is
established without further legal action. If parents are unmarried,
paternity establishment requires a court order or a paternity
declaration. The process should be started by both parents as soon as
possible for the benefit of the children.
Until paternity is established, the father does not
have the legal rights or responsibilities of a parent. Establishing
paternity is necessary before custody, visitation and child support
will be ordered by a court. If a man does not admit that he is the
father, the court may order the mother, child and alleged father to
submit to genetic testing.
Benefits of Establishing Paternity
By establishing paternity, a child is entitled to the
legal rights and privileges of a child born within a marriage. Those
rights and privileges may include:
Support from both parents Legal documentation of who
his/her parents are Access to family medical records Medical and life
insurance coverage from either parent Inheritance protection Social
security and veteran's benefits, if applicable The emotional benefit
of knowing who both parents are
Establishing paternity can help the father experience
the companionship and emotional rewards that come with spending time
with his child. He can enjoy the benefits of fatherhood, which may include:
-
Legal establishment of parental rights and responsibilities
-
Having his name added to the child's birth certificate
-
The opportunity to give the child his legal name if
both parents agree
-
The ability to add the child to his health insurance plan
-
The assurance that social security or veteran's
benefits will be paid to the child in the event of his death or
disability, if eligible
-
Protecting his child's right to inherit from him
-
The right to seek custody or visitation in a court
action and to be consulted about the adoption of the child
Establishing paternity can help a mother by having the
father share the financial burden and emotional pressure that many
single parents experience. Cooperative parenting can provide strong
emotional support for the mother, father and child. The mother can
also enjoy the benefits of paternity, which may include:
-
Improving financial security for the family
-
Information about family medical history
-
Help in sharing the parental responsibilities
-
Access to medical insurance coverage for the child
-
How Paternity is Established
Paternity is established in court and can be done with
or without the father's assistance. In the process of establishing
paternity, the mother may be asked some questions about her intimate
relationship with the father or other men. These questions may be
avoided if the alleged father admits paternity and cooperates in the
establishment of paternity. Also, if the alleged father agrees he is
the father, he can sign a Declaration of Paternity form stating he is
the father
If the alleged father will not cooperate, DCSS may
establish paternity without the father's assistance. If the alleged
father fails to answer a legal complaint that he is the father, the
court may find him to be the father by default. Alternatively, if the
alleged father disagrees with or contests the claim that he is the
father, genetic blood testing may be scheduled by DCSS if you have an
open case with this office. There is no cost to you if a judgment has
not been filed.
If paternity has already been established, you must
obtain a court order re-opening the issue of paternity before we will
schedule blood testing. Mother, father and child must have blood
drawn. The blood samples are drawn every Tuesday. The cost is $70.00
per person drawn and paid by the named father unless the results
exclude him as the father. Blood test results take 4 to 6 weeks.
What DCSS needs to establish paternity when the
alleged father does not cooperate:
-
Facts about the relationship, the pregnancy and the
child's birth
-
Whether or not the alleged father ever provided
financially for the child
-
Whether or not the alleged father ever admitted in any
way that the child was his
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A picture of the alleged father with the child
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Any information from others who could establish the
mother and the alleged father's relationship
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The alleged father's home and business address
-
Whether the child was conceived in California, and if
the child ever lived in California
-
Whether or not the father ever lived with the child
Note: If you are required to submit a Paternity
Questionnaire to DCSS, you can download and print the form from
On-Line Forms.
If the mother and father were not married at the time
the child was conceived, and the father has not signed a Declaration
of Paternity, the case will be more complicated and will probably
take longer to conclude. The alleged father has the right to a trial
in court to decide the issue of paternity and to have an attorney to
represent him in court.
An attorney will be appointed to represent the father
if he can not afford one. The mother may have to appear in court to
give testimony where a trial or hearing is necessary. Many cases set
for trial result in settlement at the last moment. If that happens,
your testimony will not be needed.
410-486-1800
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