Protecting Your Rights as a Parent
Paternity plays a crucial role in determining a child’s legal rights, access to financial support, and emotional well-being. Whether you are a mother seeking child support or a father fighting for custody rights, establishing paternity is an essential legal step.
At The Law Office of Luna Stevenson, we help parents navigate the complex legal process of paternity establishment to ensure the rights of both parents and children are protected. Whether through voluntary acknowledgment or court intervention, we are here to guide you every step of the way.
Paternity refers to the legal recognition of a child’s parents. When paternity is established, the parents gain legal rights and responsibilities, including:
- Custody and visitation rights – The ability to spend time with and raise the child.
- Financial obligations – Responsibility for child support payments.
- Inheritance rights – Ensuring the child can inherit from both parents.
- Access to benefits – Health insurance, social security, and other legal entitlements.
02. Why Establishing Paternity Is Important
- For mothers, establishing paternity helps secure financial support from the biological father and ensures their child receives the necessary resources. It also helps establish custody and visitation rights through a court order.
- For fathers, proving paternity is essential to securing legal rights, including custody and visitation. Without legal paternity, a father has no automatic rights to the child, even if he is biologically related.
- For children, establishing paternity ensures they have access to both parents’ love, support, and financial resources, which can positively impact their emotional and financial well-being.
03. How to Establish Paternity in California
There are two primary ways to establish paternity in California:
The first way is through the Voluntary Declaration of Paternity.
- If both parents agree on the child’s biological father, they can sign a Voluntary Declaration of Paternity (VDOP). This document grants the father legal parental rights, allows the father’s name to be added to the birth certificate, and eliminates the need for court involvement.
- The VDOP must be signed freely—without coercion—and filed with the California Department of Child Support Services to be legally binding.
The second way is through a Court-Ordered Paternity Action.
- If there is disagreement or uncertainty about paternity, a court case may be necessary. This process involves filing a paternity petition with the family court, DNA testing to confirm biological fatherhood, and legal hearings to establish rights and obligations.
- A judge can legally establish paternity, ensuring the father’s rights and responsibilities are recognized.
- Once paternity is legally established, both parents have the right to seek custody or visitation. Courts determine custody arrangements based on the child’s best interests, considering factors like the child’s relationship with each parent, each parent’s ability to provide a stable home, and any history of domestic violence or substance abuse. Child support can also be requested in a paternity case.
- If you are a parent seeking custody, visitation, or child support, we can help advocate for your parental rights.
FREQUENTLY ASKED QUESTIONS
About Paternity in California
What if the mother refuses to allow a paternity test?
A court can order DNA testing if there is a legal dispute over paternity.
Can I establish paternity if I am not on the birth certificate?
Yes. You can file a paternity petition to be legally recognized as the child’s father.
If I establish paternity, do I automatically get custody?
No. Custody and visitation are determined separately based on the child’s best interests.
Can a mother refuse to list a father on the birth certificate?
Yes, but the father can still establish legal paternity through the court.
How long does the paternity process take?
The process can take a few weeks for voluntary acknowledgment or several months if court intervention is needed.
Why Choose The Law Office of Luna Stevenson?
Experienced Paternity Law Representation.
We handle paternity cases with compassion and legal expertise.
01
Protecting Parental Rights.
Whether you are seeking to be a greater part of your children’s life or financial support, we advocate for you.
02
Strategic Legal Guidance.
We guide you through voluntary paternity acknowledgment, DNA testing, and court cases.
03
Bilingual Legal Services (Mandarin & English).
Clear communication in your preferred language.
