Domestic relations between married and unmarried couples in California are governed by the California Family Code, California Rules of Court, California Code of Civil Procedure, and by local court rules that vary from county to county. The discussions contained in this website and in any related material are only intended as a brief overview of domestic relations law, the available types of action for obtaining judicial relief, different methods of resolving disputes without litigation, and advance planning strategy. If you are considering filing for any type of relief in the family law courts, it is very important that you call (877) 472-6013, (916) 972-8774, or (916) 972-8779, and speak today with an attorney at   Ihejirika Law Corporation for legal advice and assistance in your case. An attorney at   Ihejirika Law Corporation will analyze your situation and will determine which form of relief and method is likely to be most beneficial for you. 

Ordinarily the law does not concern itself with the question of the maternity of a child because when a woman gives birth, there is no doubt that she is the birth mother. In contrast, the law concerns itself with the question of the paternity of a child because the mere birth of the child does not provide any objective basis by which the identity of the father can be immediately known.  The Uniform Parentage Act (UPA) is the set of laws that govern the process by which the paternity of a child is determined. Under the UPA the paternity of a child can be established either by presumption, or by legal determination. Establishing paternity under the Uniform Parentage Act is the legal process of determining the legal father of a child. 

MARRIED AND COHABITING PARENTS 

Ordinarily, for a child born when the parents are married to each other, there is usually no question about the child’s parentage because the law presumes that the husband is the father and the wife is the mother. In such situations, without legal action the husband is the presumed father, and is deemed to be the legal father because paternity is established automatically. Usually there is usually no legal question about the child’s parentage because the law presumes that the husband is the father and the wife is the mother. In such situations, without legal action the husband is the presumed father, and is deemed to be the legal father because paternity is established automatically. The law gives such a husband or wife a limited amount of time within which to contest paternity.  Generally, unless it is proven otherwise in court, a man is the Presumed Father of a child if he:   

• Was married to the child’s mother when the child was conceived or born; or
• attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the “marriage”; or
• married the mother after the birth and agreed either to have his name on the birth certificate or to support the child; or 
• welcomed the child into his home and openly acted as if the child was his own. 

If you are a man that meets one or more of these criteria in respect to a child, then you are the Presumed Father of the child. If you are the Presumed Father of a child, but doubt that you are the actual father of the child, it is very important that you commence action in court as soon as possible because after a certain period of time has passed, a Presumed Father will be conclusively held to be the Legal Father of the child even if he is not the actual biological father of the child. Delay can be very costly. CALL US TODAY TO DISCUSS YOUR CASE (877) .  

UNMARRIED PARENTS 

For children born to unmarried parents, parentage has to be established legally, either by obtaining a court order or by signing an official Declaration of Paternity. For example, if the parents were not married when the child was conceived or when the child was born, the child does not have a legal father until parentage is established.  If you are an unmarried father and can prove that you are the biological father of the child, that fact alone does not legally grant you any parental rights or responsibilities towards the child. It also does not give you the right to have your name put on the child’s birth certificate. You must first have paternity legally established. If you and the other parent were not married and did not sign and record a Voluntary Declaration of Paternity, the available means of establishing paternity is to obtain a paternity order from the court through the filing of a parentage case.  CALL US TODAY TO DISCUSS YOUR CASE.   

If you are a man who has been served with a complaint and summons alleging that you are the father of a child, if you believe that you may not be the actual father of the child, you have the right contest the allegation of paternity, and you have the right to request a DNA test to find out if you really are the father of the child. CALL US TODAY TO DISCUSS YOUR CASE.