Paternity & Parentage Attorney
San Bernardino County | CFLS

Establishing Legal Parent-Child Relationships in California

Establishing paternity or parentage creates the legal foundation for a parent-child relationship. Whether you're a father seeking to establish your rights to custody and visitation, a mother pursuing child support, or navigating complex questions about legal parentage, these cases have profound implications for children and families.

At Lewis Legal Group, we help families in San Bernardino County navigate paternity and parentage matters with sensitivity and expertise. As a Certified Family Law Specialist, Heather Lewis understands both the legal complexities and the emotional stakes involved in establishing or challenging parental relationships.

Understanding California's Parentage Law

In 2020, California updated its Family Code to replace outdated "paternity" terminology with the more inclusive term "parentage." The Uniform Parentage Act (UPA), codified in California Family Code Sections 7600-7730, now governs these cases, recognizing that parental relationships can exist in many forms beyond traditional biological mother-father frameworks.

Regardless of terminology, the core legal issues remain the same: establishing who is legally recognized as a child's parent, with all the rights and responsibilities that relationship entails.

Why Legal Parentage Matters

Establishing legal parentage creates critical rights and obligations:

• Custody and visitation rights — the ability to seek court orders for parenting time
• Child support obligations — financial responsibility for the child's care
• Decision-making authority — participation in important decisions about education, healthcare, and welfare
• Inheritance rights — the child's right to inherit from the parent and vice versa
• Medical history access — knowledge of family health history
• Government benefits — Social Security, veterans' benefits, insurance coverage

How Paternity Is Established in California

California law recognizes several ways to establish a legal parent-child relationship:

Voluntary Declaration of Parentage (VDOP)

The simplest method is signing a Voluntary Declaration of Parentage (Form CS 909). Both parents can sign this form at the hospital when the child is born, or later at the local child support agency office. Once signed and properly filed, the VDOP has the same legal effect as a court judgment of parentage.

Important: You have only 60 days from signing to rescind a VDOP without court involvement. After 60 days, challenging it requires a court action proving fraud, duress, or material mistake of fact.

Presumed Parentage

California law creates several presumptions of parentage, including when:

• The alleged parent was married to the birth parent when the child was conceived or born
• The alleged parent attempted to marry the birth parent before the child's birth (even if the marriage was later found invalid)
• The alleged parent received the child into their home and openly held the child out as their own

These presumptions can be challenged, but the longer a parent-child relationship exists, the more difficult it becomes to disestablish parentage, even with contradictory genetic evidence.

Genetic Testing and Court Orders

When parentage is disputed, the court can order genetic testing. Modern DNA testing is extraordinarily accurate, typically showing 99% or higher probability when the tested person is the biological parent, or 0% when excluded.

California Family Code Section 7552 allows courts to initially advance testing costs, then typically orders the established parent to reimburse those costs. Court-approved testing must be performed by an accredited laboratory—home DNA kits are not admissible in court.

Paternity Actions in San Bernardino County

A paternity action is a lawsuit to establish legal parentage when parents are unmarried and haven't signed a Voluntary Declaration. Any of the following parties can file:

• The birth mother
• The alleged father or parent
• The child (through a court-appointed representative)
• A local child support agency (if the family receives public assistance)

The Paternity Action Process

Paternity cases in San Bernardino County typically follow these steps:

1. Filing the Petition — Filing Form FL-200 (Petition to Establish Parental Relationship) with the Superior Court
2. Service of Process — Serving the other party with the petition and summons
3. Response — The respondent has 30 days to file Form FL-220 (Response to Petition to Establish Parental Relationship)
4. Genetic Testing — If parentage is disputed, the court orders DNA testing
5. Judgment — If testing confirms parentage (or if it's undisputed), the court issues a judgment establishing the parent-child relationship
6. Custody, Visitation, and Support Orders — Once parentage is established, the court can address custody, visitation, and child support

Rights of Unmarried Fathers

Unlike married fathers, unmarried fathers have no automatic legal rights to their children until paternity is established. Until that happens, the mother has sole legal and physical custody by default, and can make all decisions about the child without the father's input.

Establishing paternity is the essential first step for unmarried fathers to secure parental rights. Once paternity is legally established, fathers have the same rights as married fathers, including:

• The right to seek custody and visitation
• The right to participate in major decisions affecting the child
• The right to access school and medical records
• The right to object to adoption

However, establishing paternity also creates obligations, primarily the duty to provide child support. Many fathers hesitate to establish paternity due to support concerns, but the rights you gain—particularly the right to develop a relationship with your child—are invaluable.

Challenging or Disestablishing Paternity

California law makes it difficult to disestablish paternity once it's been established, prioritizing the child's interest in maintaining stable relationships over biological facts. However, disestablishment is possible under limited circumstances:

Rescinding a Voluntary Declaration

Either parent can rescind a Voluntary Declaration of Parentage within 60 days of signing by completing Form CS 906 (Rescission of Voluntary Declaration of Paternity or Parentage). This is the simplest path and doesn't require proving anything—just timely filing.

Setting Aside a VDOP After 60 Days

After the 60-day window, you must file a court action and prove:

• Fraud, duress, or material mistake of fact when signing the declaration, AND
• Genetic testing excludes you as the biological parent

Even then, courts may deny disestablishment if you've acted as the child's parent for an extended period, applying the "presumed parent" doctrine. California courts strongly favor preserving established parent-child relationships.

Challenging a Presumption of Parentage

Presumptions created by marriage or conduct can be rebutted, but typically only within two years of the child's birth. After that, courts may find the challenge untimely, especially if you've developed a parental relationship with the child.

Paternity and Child Support

Establishing paternity is often pursued to secure child support. Once parentage is legally established, the same statewide child support guidelines apply regardless of marital status.

Support obligations begin from the date of the child's birth, and can be ordered retroactively, though courts often limit retroactive awards to the date the paternity action was filed. This creates an incentive to file promptly if you're seeking support.

The local child support agency can assist with establishing paternity and obtaining support orders, or you can pursue these issues privately through the family court with an attorney's help.

Paternity, Custody, and Visitation

Paternity cases frequently involve custody and visitation disputes. Once paternity is established, fathers can petition for custody and visitation using the same procedures and standards as married parents.

California courts apply the "best interest of the child" standard without gender preference. Factors courts consider include:

• The child's health, safety, and welfare
• Each parent's ability to provide a stable, nurturing environment
• The child's existing bonds with each parent
• Any history of domestic violence or substance abuse

Fathers who establish paternity early and maintain consistent involvement with their children are in the best position to secure meaningful custody and visitation arrangements. Learn more about child custody →

California Legal Resources

• California Courts Self-Help: Parentage
• California Family Code - Uniform Parentage Act
• San Bernardino Superior Court - Family Law

Paternity Attorney Serving San Bernardino County

We provide paternity and parentage representation throughout San Bernardino County, including:

• Victorville Family Law Attorney — Our office is in Victorville
• Hesperia Family Law Attorney
• Apple Valley Family Law Attorney
• San Bernardino Family Law Attorney