Paternity – Does a Legal Presumption Exist When the Mother Was Not Married or Planning on Getting Married at the Time of Conception?

Generally, no legal presumption exists as to the father of a child born by an unwed mother. However, a person who claims to be the father of a child born to an unwed mother may demonstrate to the court that he acted like a father as soon as he reasonably knew of the child or the pregnancy and establish legal rights to the child.

The court will look to the following factors in determining whether to establish paternity as to an alleged father who was not wed or planning to wed the mother at the time of conception:

•    Whether the alleged father publicly acknowledged paternity
•    Whether the alleged father paid medical expenses related to the pregnancy
•    Whether the alleged father took prompt legal action to establish paternity, or whether the delay in establishing legal paternity was reasonable
•    Any other action before or after the child’s birth that would indicate that the alleged father was taking full parental responsibility of the child

If the court finds that the alleged father sufficiently demonstrated that he acted as a father would, then the court may establish paternity in the alleged father. However, if the court finds that the alleged father did not act to take the appropriate level of parental responsibility, then the court may decline to establish paternity in him, even if he is shown to be the biological father.

If the biological mother was married and living with her husband at the time of conception, the mother can unilaterally block any attempt by another person seeking to establish himself as the biological father. However, if the mother and alleged father are unwed, the mother cannot unilaterally block an alleged father from establishing paternity solely because the mother and alleged father are not married.

Whether you’re a father or mother seeking to establish or deny paternity, contact a Southern California family law lawyer as soon as possible to discuss your options. In either case, you need to act quickly or the court may use the delay against you. Parenthood comes with significant duties but also profound rewards, so consult with a family law attorney to determine what your rights are. Parenthood is one of the most important relationships in your life, so you will need a legal professional on your side to help explain the laws to you.

If you or someone you know has an issue related to paternity, you will need an experienced Southern California family law attorney to advise you on the best course of action. At Wallin & Klarich, we have helped people with paternity issues for over 30 years. Call us today at (888) 749-7428. We will be there when you call.