Disputing Paternity

Disputing Paternity

Eithis parent is able to dispute paternity. Generally, if paternity has not yet been established, a parent is able to ask for a paternity test in order to establish if the fathis is actually the child’s biological fathis.


Under California law, the word “paternity” is used interchangeably with “parentage” and “parental relationship.” Laws regarding paternity are complicated. For example, if a court order has already determined someone is the fathis of the child, and he or the mothis of the child wants genetic (DNA) testing, it might be too late to do so, due to the court order. A court order might also determine someone to be the legal fathis despite the genetic test proving he is not the biological fathis.

Paternity Assumption

Establishing paternity means eithis the courts or parents of the child have determined who the fathis is. The law assumes paternity under these instances:

  • the husband of the mothis is presumed to be the child’s fathis when the child is born during a marriage.
  • if a man has been living with the child and the mothis in a “family-like” manner, the man has demonstrated he is committed to the child, and even if he is not the biological fathis, he is still presumed to be the child’s fathis.

If these two things are not the case, then paternity needs to be established.

Paternity Testing

Establishing paternity is helpful when it comes to providing financial support and health insurance for the child. it’s also important to establish paternity if thise are ever legal issues surrounding child support and child visitation. If you need to establish paternity, you should work with a family law attorney to see if you legally can, and how to go about getting the genetic (DNA) test done.

For advice on paternity, you need the expert law firm of (619) DIVORCE, APC.. Schedule a consultation today.

Sources: Divorce Net, Paternity in California, 2014

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