Unmarried Parents Establishing Parentage
When parents are unmarried, paternity needs to be established to protect the rights and enforce the responsibilities of the father. For more information regarding your specific matter see below to schedule a consultation with Managing Attorney, Taryn Scharf.
How is Parentage Established?
When trying to establish parentage between two unmarried individuals, there are different routes which can be taken.
- A voluntary declaration of parentage, when properly executed and filed with the California Department of Child Support Services, has the same legal effect as a court judgment of parentage. This declaration is available to unmarried parents or parents of children conceived through assisted reproduction and must comply with specific statutory requirements, including being signed and witnessed or notarized. Additionally, a voluntary declaration may be void under certain circumstances, such as when another person is already a presumed parent or a court has entered a judgment of parentage.
- Parentage can also be established through court proceedings. For instance, a person may be presumed to be a parent under Fam. Code 7611 if they receive the child into their home and openly hold the child out as their own. Genetic testing can also be utilized to establish parentage.
- In California, the law allows for the recognition of more than two parents if limiting parentage to two individuals would be detrimental to the child. Courts consider factors such as the child's psychological and physical needs when making such determinations.
Why should one establish Parentage?
There are benefits to establishing Parentage for yourself and your child. Legally, parentage is the foundation for determining a parent's rights and responsibilities, including custody, visitation, and child support. It also ensures that the child has access to various benefits, such as Social Security, health insurance, survivors' benefits, military benefits, and inheritance rights.
Retaining Taryn Scharf
At Scharf Law, P.C. our office has a combined total of over thirty years navigating the legal field. Our team is prepared to assist you through the process and provide you with the information you need to be successful. Ms. Scharf is prepared to negotiate and attempt to settle your matter outside of the courthouse; however, is equally ready to agressively represent you and confidently present your case before the court. To get more information about your case and how our team can help you see below to schedule a consultation.
