The term “paternity” refers to a child's father. Paternity holds significant weight in determining a father's rights and duties. To officially recognize fatherhood, paternity must be established on a birth record. This is true whether the child's father is biological or adopted.
Paternity impacts various legal aspects of an individual's life. Its legal implications include responsibilities such as financial support and access to benefits. Here is a broad overview of the legal rights fathers have after establishing paternity.
Rights Granted by Paternity
Custody and Visitation Rights
Paternity directly influences custody decisions. When it is established, the father gains the legal right to seek custody and visitation. A father with established paternity has equal claim to these rights as a mother. In the best scenarios, both parents can have input into major decisions affecting the child's life.
California courts consider the child's best interests when determining custody, such as the child's age, health, and emotional bonds with each parent. It also looks at each parent’s income and their ability to provide for the child’s physical and emotional needs. The court may also consider any history of domestic violence or substance abuse when making custody decisions.
Visitation rights define the schedule and terms for interacting with a child. Fathers with established paternity can request a structured visitation schedule, promoting a consistent and meaningful relationship with their child.
Child Support Obligations
Once recognized as a legal parent, the father must contribute to the financial support of the child. This obligation ensures that the child receives the necessary resources for their well-being and development.
Some fathers see this obligation as a burden, but they would be better off viewing it as an opportunity. Providing child support is not just about fulfilling a legal requirement. It is a concrete contribution to creating a stable and nurturing environment where the child can thrive. By taking an active role in providing for their child's needs, fathers can foster stronger bonds and play a significant part in their child's growth and development.
Furthermore, the receiving parent cannot block your support payments, ensuring that your contributions are directed toward the child's well-being. In some contentious situations, the mother may attempt to hinder the father's involvement in the child's life, refusing financial support. However, the legal system allows fathers to fulfill their responsibilities without unwarranted interference.
California bases child support calculations on each parent’s income level and the time they spend with the child. It uses a formula that evaluates the net disposable incomes of both parents. This calculation factors in deductions for taxes, health insurance premiums, and essential living expenses.
Other Benefits
Emotional and Psychological
Establishing paternity provides important emotional stability for the child. It can foster a stronger parent-child relationship, anchoring the child with a clear identity and sense of belonging.
Acknowledging both parents can enhance self-esteem, reducing feelings of abandonment or uncertainty. Children with recognized paternity experience better emotional support, contributing to their overall mental health.
Legal and Medical
Legal recognition of paternity grants the child access to numerous benefits. It secures rights to inheritance, social security, and health insurance benefits.
Legally identifying a father ensures eligibility for any medical coverage available through the father. For medical benefits, knowing the child's full medical history, including the father's lineage, provides crucial health insights and supports better care. This awareness aids in understanding potential hereditary health issues, facilitating prompt and effective medical treatment.
Legal Procedures for Establishing Paternity
Establishing paternity involves two primary steps in California: voluntary declaration of paternity and court procedures.
Voluntary Declaration
Voluntary declaration means that parents acknowledge the father's identity. Parents typically sign this legal document at the hospital after the child's birth, but there may be instances where they can sign it later.
The document holds similar authority to that of a court order. Once signed, it registers the father's parental rights officially, without the need for further legal proceedings.
Court Procedures
The court process begins when paternity remains contested. Either parent can file a petition with the family court to determine paternity.
Afterward, the court may order genetic testing to confirm biological parentage. These tests involve genetic sampling from the father, mother, and child. Once test results confirm paternity, the court issues formal orders recognizing the father's legal relationship with the child.
Getting Help from an Attorney
Navigating paternity rights and obligations can be complex. Seeking guidance from an experienced family law attorney can help ensure each step is handled correctly. Attorneys offer valuable support, addressing client concerns and representing interests in court, ultimately promoting the best outcome for both the parent and child.
Burch Shepard Family Law Group is here to help fathers establish paternity, gaining parental rights over their children. To meet with our team, schedule time with us online or call our office at (949) 565-4158.
