When a woman gives birth, it is pretty clear that she is the mother of the child. For men, though, there could be a large degree of uncertainty, especially if the woman was not in a committed relationship at the time of conception.
Who is the child’s father? This is not 100% clear without a paternity test. Unless you were married to the child’s mother at the time the baby was born, you are not the legal father and have no legal rights. Only the child’s legal parents can ask for custody and visitation and can be listed on a California birth certificate. A child’s mother can also determine paternity for child custody purposes, as all parents are required to financially support their children.
Establishing paternity can also be beneficial for the child. The child may be entitled to benefits such as health insurance, Social Security, veterans’ benefits, and inheritance from the father.
Also, knowing both parents’ medical histories can be important for the child’s health.
California groups fathers into three categories:
- Alleged parent. You are considered to be an alleged father if the child’s mother tells the social worker that you are the father or other parent. You are also considered an alleged father if you show up to the first hearing and say that you are the parent of the child.
- Presumed parent. You are a presumed parent if your name is on the child’s birth certificate, a family court order establishes a parental relationship, or you have raised the child as your own.
- Biological father. You are a biological father if a paternity test shows that you are the father of your child or you have a judgment of paternity from a family law court.
Determining Paternity
The process for establishing paternity can vary depending on the circumstances. Some common methods to establish paternity include:
- Voluntary Acknowledgment of Paternity (VAP). Both parents can voluntarily sign a legal document stating that the man is the biological father of the child. This is often done at the hospital right after the child is born.
- Court order. If paternity is disputed or unclear, a court may order a paternity test. This typically involves DNA testing of the alleged father, mother, and child.
- Administrative process. Some jurisdictions have an administrative process for establishing paternity without going through a formal court process. This might involve submitting a paternity acknowledgment form to a state agency.
- Presumption of paternity. In some cases, a man may be presumed to be the father by law, such as when a child is born to a married couple. In these cases, the husband is usually considered the legal father.
Contact Us Today
If you are a man, in order to be granted visitation and child custody rights, you need to prove that you are the father. This can be challenging if you are not married to the mother.
The Law Offices of Oliver Gutierrez has more than 20 years of experience in family law matters. I have experience with fathers’ rights and paternity litigation. Se habla español. To schedule a consultation, call (650) 590-7675 or fill out the online form.
