A Trusted Advocate For Paternity Issues

At the law firm of Macksoud Macksoud & Davis, LLP, in Torrance, California, we provide experienced legal representation for mothers and fathers involved in paternity proceedings to aggressively protect and enforce their rights. We have extensive experience handling a broad range of family law issues, including those related to establishing paternity.

When a child is born to an unmarried couple, California law provides both parents with the right to seek orders for a determination of parentage, as well as child custody and visitation and child support. At times, a proceeding may be brought by a government agency to establish a child support order for the benefit of the custodial parent or to reimburse the county for welfare benefits provided to a child. However, such government actions are generally limited to issues of child support and do not involve child custody or visitation.

How Paternity Is Legally Established In California

Establishing parentage is the first step toward securing custody and support rights. California law provides several paths: 

• Voluntary Declaration of Parentage (VDOP): Both parents may sign a VDOP at the hospital or later through an approved agency. Once filed, it has the same legal effect as a court judgment.
• Administrative action through Child Support Services: The local agency may initiate a case to establish parentage for support purposes. These proceedings typically address financial issues, not custody or visitation.
• Judicial action in family court: A parent may file a petition to establish parental relationship. The court can then issue orders regarding custody, visitation and support.

Choosing the correct approach at the outset can prevent costly mistakes later. 

What Legal Rights And Duties Follow A Paternity Finding?

Once parentage is confirmed, important rights and responsibilities arise immediately, including:

• Custody and parenting time: A legal parent may seek decision-making authority and a parenting schedule. Courts focus on the child’s best interests when issuing orders.
• Child support obligations: The court can order guideline child support and, in some cases, retroactive support. Accurate income information is essential before orders are entered.
• Health coverage and benefits: A parent may be required to provide insurance and share medical costs. 

A child may also gain inheritance or Social Security benefits through a legal parent.

The Role Of Genetic Verification In Parentage Dispute Cases

The genetic testing process must meet these strict legal standards.

• Court-ordered laboratory testing: The court may require both parties and the child to submit to testing. A 99% probability of paternity creates a strong legal presumption.
• Refusal to test: If a party refuses, the court can issue sanctions or make adverse findings. Avoiding testing rarely prevents a determination.
• Home test kits and deadlines: At-home kits are not admissible in court. A signed VDOP generally must be challenged within two years, or it becomes difficult to undo.

Our attorneys are prepared to negotiate when appropriate and to litigate when necessary.

How Long Do You Have To Challenge A Voluntary Declaration Of Parentage (VDOP)?

California law generally only provides a two-year window from the child’s birth to file a motion to set it aside based on genetic testing. Waiting beyond this period can permanently bar you from contesting parentage, even if new evidence comes to light. NAPNAME can help you act quickly to protect your rights.  

Protect Your Custody Rights And Financial Rights

Unfortunately, many men and women wait until after they have gotten a bad result in a paternity or child support proceeding before they contact an attorney. While we can file motions with the court to modify an existing custody, visitation or child support order, it is far better to obtain an attorney before an adverse order is entered.

If you are involved in a paternity case, protect your parental and financial rights by contacting an attorney as soon as possible. The sooner you contact an attorney, the more options your attorney will have to pursue a favorable result in your case.

Talk With A Knowledgeable Paternity Lawyer

Our attorneys are well-versed in California paternity laws and can provide you with valuable advice concerning your rights and obligations. To arrange a consultation with an experienced family law attorney in Torrance, call us at 310-961-2989 or contact us online.