Paternity Overview

In California, both parents have a duty to support their minor children. Recognizing the biological mother of a child is easy, but establishing who the biological father is can be more difficult. Paternity is the legal recognition of a person as a child’s father and subjects the person to a whole host of legal duties toward a child. The failure to perform those duties means the father could owe child support or even be charged with crimes.

First, it is important to define terms. A biological father is the person who entered into sexual relations with the mother, and the mother conceived a child with genes from both the biological mother and father. A presumed father means that if certain background circumstances exist, then the law will presume a person is the father of a child, with the attendant legal responsibilities. This presumption may be overcome, but the presumed father must act within a reasonable time to contest paternity. Usually, the presumed father and biological father are the same person, but occasionally, in paternity cases, they may be different.

Under California law, a husband who lives with the wife at the time the child was conceived is legally presumed to be the father of the wife’s child. This, of course, may not be true: the wife could have conceived the child with someone else, but the person who contests the husband’s paternity must prove that this is not the case. The easiest way to do this is through a paternity test, which is a test that takes a genetic sample from the husband, the wife, and the child, and analyzes the samples in a lab to determine the probability that the husband is the father of the wife’s child. However, only a test authorized by the court will be given legal effect.

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.