In the state of California, there are multiple scenarios in which a man
will be considered the presumed father. This includes a man who is considered
the legal father even when he is not the biological father. Here are the
scenarios, according to information available on the
California Courts website:
- The man was married to the mother of the child at the time that the child
was born or conceived.
- The man made an effort to marry the child's mother (even in cases in
which the marriage is not considered valid), and the child was born or
conceived at the time of the "marriage."
The man married the child's mother following the birth of the child,
and he consented to paying
child support or to having his name included on the child's birth certificate.
- "Parentage by Estoppel": The man opened his home to the child
and carried on as if the child were his own biological son or daughter.
In scenarios such as these, the man would be considered the legal father.
When these grounds of presumption are not present, it is necessary for
the father to legally establish
paternity. This is typically necessary in cases in which the parents are not married.
A couple of the main ways that a father can establish paternity are 1)
signing a voluntary declaration of paternity, or 2) obtaining a court
order that legally establishes paternity.
Do you have a paternity matter that needs to be addressed? If so, our Mission Viejo
divorce lawyer is available to assist you. Our
family law firm has been assisting clients for the past 13 years. We are dedicated
to protecting the best interests of our clients and of their families.
Contact our firm to get the high-caliber legal assistance you need and deserve!