How to legally establish the paternity of my child (Family Code 7550 and 7611)

Paternity Tests

The easiest way for you to establish the paternity of your child is through a paternity test. A paternity test will take a genetic sample from you, the alleged father, and the child, and calculate the probability that the alleged father is in fact the biological father of the child. It is important to note that only a paternity test that is authorized by the court will help you legally establish who is the father of your child.

Presumption of Fatherhood

You may be able to also establish the paternity of your child under other limited circumstances. If you were married and living with your husband at the time of conception, your husband will automatically be presumed to be the father of the child. In some cases, even if you attempted to marry your husband, but the marriage was invalid, and you were living with your husband at the time of conception, your husband will still be presumed to be the father of the child.

If you were not married at the time of conception, there is no presumed father. However, another person can claim to be the father and establish paternity if the court determines that he has appropriately acted as the father, meaning he took action that showed he wanted to care for and take responsibility for the child.

What Happens After I Establish The Paternity of My Child?

Once you establish the paternity of your child, the biological father:

– (1) Can be held legally and financially responsible for the child, meaning that he may be required to pay you child support and assist you in other financial ways in the raising of your child; and

– (2) Will also gain visitation or custody rights of the child and the right to be in the child’s life.

Finding An Experienced Family Law Attorney at Wallin & Klarich

If you are looking to establish the paternity of your child, the attorneys at Wallin & Klarich can assist you through this complicated legal process. We will fight to get you the best possible outcome in your paternity case. The attorneys at Wallin & Klarich have over 30 years of experience and we understand that family law matters, like paternity actions, can be emotional and trying. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victoville, West Covina, Torrance, and Sherman Oaks. Call us today at 1-888-749-7428 for more information. We will get through this together.