California Fathers' Rights

November 28, 2012 (Press-News.org) In the state of California, fathers' rights generally pertain to issues of paternity and child support obligations.

These rights are often at issue during a separation or divorce. They are invoked when a father is affirming or denying paternity, making custody arrangements or asserting paternity after the birth of a child.

When parents are married and have a child, paternity is generally established. Conversely, when parents are not married, paternity is not automatic. If you wish to establish paternity, you must initiate the legal process.

Paternity

If you assert that you are the father of a child, you can file a legal action called a Complaint to Establish Parental Relations in Superior Court. Furthermore, if you are attempting to establish paternity, you have the right to a DNA blood or saliva test under California law.

If you are contesting paternity, you may do so; however, you still may be required to pay child support until DNA results confirm that you are not the biological father of a child. If a test confirms that you are not the father, this may entitle you to a refund of any support payments made.

Child support and custody

A father can invoke rights under California's child custody laws, too. For example, you may be entitled to child support payments, depending on your parenting patterns and childrearing ability at the time the matter is brought to court. Also, you must be a custodial parent to do so (have physical custody of the child).

Ultimately, child custody determinations are made with regard to the best interests of the child. A court will evaluate whether you are fit to be a parent and have physical or legal custody of your child. In doing so, the court will evaluate your ability to mentally, emotionally, physically and financially support your child.

Non-biological assertions of paternity

Paternity is not completely reduced to biological factors. For example, an unmarried father can establish his legal fatherhood by signing a voluntary Declaration of Paternity. In signing this form after the delivery of a child, your name will appear on the child's birth certificate. The mother of the child does not have to establish paternity. Ultimately, the document assigns you the responsibility of supporting the child, and you then retain an equal right to custody of the child.

For various reasons, fathers and other men often confront unique challenges when dealing the process of establishing or contesting paternity. For this reason, if you are currently facing such difficulties, it is extremely important to retain a knowledgeable family law attorney. A lawyer can help you assert your rights.

Article provided by Hugh O. Allen
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