A Request to Determine Biological Paternity of a Child in Dependency Proceedings Must be Determined First Before the Court Considers the Child’s Best Interests

When a child is a party to a dependency proceeding, and there is a possibility that you may be the biological father of that child, upon your request, the juvenile court must determine paternity.  You will need an experienced Orange County dependency lawyer to make sure your legal rights are protected.

The juvenile court has an obligation to inquire about and determine the parentage of each child who is part of a dependency proceeding. [California Rules of Court 5.635(a)] If there has been no prior determination of parentage of the child, the juvenile court must take appropriate steps to make such a determination. [California Rules of Court 5.635(e) (1)] The man claiming biological paternity must file a Statement Regarding Paternity, and the juvenile court is permitted to order genetic testing to make the paternity determination. [California Rules of Court 5.635(e) (2) & (3)]  The juvenile court may also make the paternity determination based on the testimony, declarations, or statements of the alleged parents. [California Rules of Court 5.635(e) (3)]

But, if a person appears at a hearing in a dependency matter and requests a judgment of parentage on form JV-505, the court must determine whether that person is the biological parent of the child and whether that person is the presumed parent of the child. [California Rules of Court 5.635(h)]

The court MUST determine biological paternity if it is requested. This is a mandatory rule.  The juvenile court’s obligation to determine biological paternity when requested does not hinge on whether the man claiming paternity can demonstrate such a determination would benefit the child. The juvenile court must first determine the requested biological paternity determination. Then, after determining paternity, the court will determine what custody and visitation rights the biological parent will have with his child.

If you are seeking an Orange County dependency lawyer to help you determine the biological paternity of a child, call Wallin & Klarich toll free at 888-749-7428.  Someone is always available to answer your questions and start working on your case immediately.