Paternity Attorney in California

Why Paternity Matters

Paternity cases determine the legal parent-child relationship between a father and a child. Establishing paternity is critically important because it determines parental rights and responsibilities — including the right to seek custody and visitation, and the obligation to pay child support.

For fathers, establishing paternity is the foundation of all other parental rights. Without legal recognition as a child's father, an unmarried man has no standing to seek custody or visitation, regardless of his actual relationship with the child. For mothers and children, establishing paternity ensures that the child can receive financial support from both parents and access benefits such as health insurance, inheritance rights, and Social Security benefits.

How Paternity Is Established in California

California provides several ways to establish paternity:

• Voluntary Declaration of Paternity (VDOP) — both parents sign a declaration at the hospital at birth or later. This creates a legal presumption of paternity without a court proceeding.
• Presumption of paternity — California law (Family Code §7611) presumes that a man is the natural father of a child if he was married to the mother at the time of conception or birth, or if he openly held the child out as his own.
• Court order — either parent, the child, or a government agency can file a paternity action with the court. Genetic testing (DNA) can be ordered to establish or disprove biological paternity.

Contesting Paternity

A man who has been identified as a child's father — whether through a voluntary declaration or a legal presumption — can challenge paternity within specific timeframes and under limited circumstances. Challenging an established paternity determination is legally complex and requires prompt action. If you believe you have been incorrectly identified as a child's father, contact our office immediately.

Paternity and Custody

Once paternity is established, either parent can seek a custody and visitation order. Furubotten Law, APC has extensive experience representing both mothers and fathers in the custody proceedings that follow paternity establishment — including cases where the parents have never been in a relationship and have no existing parenting structure.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.

Establishing Paternity in California

Legal paternity must be formally established before an unmarried father has enforceable custody and visitation rights — or is legally obligated to pay child support. California provides several pathways to establish paternity under Family Code §7600 et seq., each with distinct legal effects and procedural requirements.

A Voluntary Declaration of Paternity (VDP) signed by both parents — at the hospital at birth or at any subsequent time — has the same legal force as a court judgment of paternity once filed with the California Department of Child Support Services. A VDP establishes both parents' legal parentage without any court proceeding required.

When paternity is contested, either parent may file a Petition to Establish Parental Relationship in family court. The court may order genetic testing; a result showing 99% or higher probability of paternity creates a rebuttable presumption of paternity under Family Code §7555. Once paternity is established by judgment, the father has the same custody and visitation rights as any legal parent — and the same child support obligations.

Paternity and Custody Rights

Establishing paternity is the essential first step for unmarried fathers seeking custody or visitation. Without established legal paternity, a father has no enforceable right to parenting time — and no ability to seek court orders protecting their relationship with their child. Our firm handles paternity establishment, paternity disputes, and the resulting custody and support proceedings throughout our service area. Call (714) 795-3862 for a consultation.