Establishing paternity (parentage) is one of the most important legal steps in protecting the rights of both parents and children. In California, whether you're a mother seeking child support or a father fighting for custody, legally identifying a child’s father has significant implications. As a family law attorney practicing in Southern California, I’ve worked with many clients navigating this process — and I can tell you, understanding your rights and responsibilities is critical.
Let’s take a closer look at how paternity is established in California, including voluntary declarations, DNA testing, and what happens once paternity is confirmed.
1. Voluntary Declaration of Parentage (VDOP)
In California, one of the simplest ways to establish paternity is through a Voluntary Declaration of Parentage, often called a VDOP. This is a legally binding document that both the mother and father sign — usually at the hospital right after the child’s birth.
Key points about the VDOP:
- It has the same legal effect as a court order.
- It can be signed any time — not just at birth. It can be done later through a local child support agency, family court, or the Department of Child Support Services (DCSS).
- Once filed with the California Department of Child Support Services, it officially establishes the man as the child’s legal father.
Keep in mind, this document must be signed voluntarily. If one party was coerced or misled, or if there's a question about who the biological father is, the VDOP can be contested in court but must be done so within a specific time period pursuant to California law.
2. DNA Testing and Court-Ordered Paternity
If there's any uncertainty or dispute about who the biological father is, the court can order genetic testing. This is typically done through a paternity action — a lawsuit to legally determine who the child’s father is.
Here's how it works:
- Either parent (or even a government agency like DCSS) can file a Petition to Establish Parental Relationship in family court.
- The court may order the alleged father, mother, and child to undergo DNA testing. These tests are simple (usually a cheek swab) and highly accurate.
- Once results are in — and if the test shows a 99% or greater probability of paternity — the court can issue a judgment of parentage.
It's important to act early. Under California law, there are time limits to challenging paternity, especially if the child was born during a marriage or if a VDOP was already signed.
3. Legal Rights and Responsibilities After Paternity is Established
Once paternity is legally established, both parents have equal rights and responsibilities regarding the child. This includes:
- Custody and visitation rights – The father may now seek shared or sole custody, or visitation orders, through family court.
- Child support obligations – The court can order the father to contribute financially to the child’s upbringing, depending on income, time spent with the child, and other factors.
- Inheritance rights and benefits – The child gains the right to inherit from the father and may qualify for health insurance, veterans’ benefits, or social security through him.
In other words, confirming paternity not only allows a child to have a full and secure legal identity, but also allows both parents to be involved in the child’s life — emotionally, legally, and financially.
Final Thoughts
Paternity issues can be emotional and complex. But in California, there are clear pathways to resolving them — whether through a voluntary declaration or court-ordered DNA testing. As a Southern California family law attorney, I always advise clients to take action early and make sure their parental rights (and their child’s rights) are protected.
If you’re facing a paternity issue or simply want to understand your options, don’t go it alone. A knowledgeable family law attorney can help you navigate the legal landscape with clarity and confidence.
Need guidance on a paternity case in California? Contact my office for a confidential consultation. Let’s find the best path forward for you and your family.