Opinions Forms Rules Courts Programs Careers Reference Search Site
Click here to return to the Self-Help home page
Return to Self-Help Center Home
Ask the Librarian
Free Legal Help
Search the Self-Help Site
Site Map
Glossary
Site Help
Return to the California Courts home page

Other Topics:

Introduction to Parentage

How to Establish Parentage

How to Set Aside (Cancel) a Voluntary Declaration of Paternity

Answer an Action to Set Aside (Cancel) a Voluntary Declaration of Paternity

Parentage Questions & Answers

Forms & Instructions for Parentage Cases

Parentage Links

Spanish/Espaņol

Introduction to Parentage

"Establishing parentage" means saying who the legal parents of a child are if the parents were not married when the child was born.

If the parents were married when the child was born, the law usually considers the husband to be the father.

After January 1, 2005, if parents are registered domestic partners when a child is born, the law assumes that the domestic partners are parents. However, since this law is new and unsettled, same sex parents should get legal advice to make sure that the parentage is clear.

Parents who are not married when a child is born can sign a Voluntary Declaration of Paternity before they leave the hospital, or after. When people who are not married can't agree about parentage, the court can order genetic testing.

Usually a child's parentage must be established before you can get child support or custody and visitation orders. You can ask the judge for child support or custody and visitation as part of a case that establishes the parentage of a child.

ALERT! If a person is established as a legal parent of a child, that person MUST support the child. It's a crime for a legal parent to fail to support his or her child. A legal parent also has the right to get custody and/or visitation rights related to the child.

[ Top of Page ]

<< back

Self-Help Home | Ask the Law Librarian | Q&A
Links | Need Legal Help? | Site Map

Last modified: 03/17/2008

About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility

Copyright 2008 Judicial Council of California