Trevino Law, Inc.

A Family Law Firm Located in South Orange County

For a family law lawyer call:  949.716.2102

Contact a Family Law Lawyer
If you have a crises in your life, chances are, you need a divorce attorney . Whether it is child support , child custody , property division , or spousal support , Trevino Law can help you through. Trevino Law is dedicated to helping individuals through the legal process. If you are facing a family law issue, it is important to contact an attorney even before the petition is filed. 

Parentage in Orange County

(also referred to as Paternity)

The Purpose of the Uniform Parental Act

Establishing Paternity

The Uniform Parentage Act

Paternity can be established in several different ways. The important thing to note is that if the biological mother is denying visitation, it is important to immediately file a paternity action to perserve parental rights. This applies even if the petitioner is the biological father. 
The Uniform Parentage Act can be found in California Family Code Section 7600 et. seq .  This section of law provides guidelines and procedures for establishing paternity in a court of law.
One of the initial purposes of the Uniform Parental Act was to legitimize children regardless of the marital status of the parents. 

An Interested Party May Challenge Paternity Within Two Years of Child's Birth

The Spouse is A Presumed Parent

Visitation Before the Final Judgment on Paternity

If two people are married and living together, it is conclusively presumed that the husband is the parent of the child as long as the father is not impotent or sterile.  California Family Code Section 7540
If the wife is married at the time that a child is born and the husband is not sterile, the husband is deemed the father of the child unless a notice for blood tests is filed within two years of the child's birth by any interested party. 
In paternity proceedings, a court may make temporary visitation orders before the final judgment for paternity if they find that the alleged father tested positive as the child's father or the custody and visitation order is in the best interest of the child. 
 
 

 
Presumption of Parentage
There are several ways in which parentage can be established:
  1. When the parents are married, it is at the time of the child's birth;
  2. When the child is born within 300 days afer a marriage that is terminated by death, annulment, delcaration of invalidity, divorce, or judgment of separation;
  3. Before the child's birth, if there is an attempt to solemnize a marriage;
  4. After the child's birth, if the parents marry or attempt to marry and
    • the presumed parent's name is on the birth certificate
    • there is an obligation to support the child either by a written promise or by court order;
  5. The presumed parent holds the child out as his or her natural child; or
  6. The parent signs a Voluntary Declaration of Paternity.

FREQUENTLY ASKED PATERNITY AND PARENTAGE QUESTIONS

I am not married and my former girlfirend is pregnant with our child. What do I do if she will not acknowledge that I am the father?

Where can I sign a Voluntary Paternity Declaration?

I could not sign the Voluntary Paternity Declaration at the hospital, now what? 

If the parents of a baby are not married, a voluntary declaration of paternity may be signed at a hospital. 
Voluntary declarations may also be obtained from the following:
  • A child support agency
  • The Registrars Office
  • Facilitators Offices in California
  • Social Services Departments
  • Licensed hospitals
A father who anticipates that he will be excluded from the child's life, must take steps to insure that he parentage is established. The first thing he can do before a child is born is pay for medical bills. After the child is born he must do everything he can to try to see the baby, and he must file a paternity petition in court.   

Can I get child support if paternity has not been established?

Can I file a paternity petition before the child is born?


Child support is available after paternity is established. Once a person is declared the father, he will not only be required to pay child support, he also be allowed to have visitation and custody with the minor child. 
A paternity case can be started before or after a child is born. However, in some circumstances it must be started before the child is two. 

THE CALIFORNIA THREE PARENTS LAW

More than Two Parents

In 2013,  California enacted a law which allowed a child to have more than two parents. This is sometimes referred to as the three parent law. However, legally there is no limitation to the number of parents a minor child may have.

In order to make a finding that a child has more than two parents, the court must find that it would be detrimental to the child to remove an adult acting as a parent from that child's life.

Usually the adult must be an interested person who has assumed the responsibility of acting as a parent and has established a relationship with the minor child. Once a relationship has been established, the court determines if parentage may apply.

The circumstances where this may occur vary. For instance, if a child is raised by a step-parent, the stepparent may qualify as a parent with rights to visitation and custody. It may also apply when a child is born during a marriage, but the husband is not the biological father of the child.

The law has not reached its full ramifications. It still must be tested in family court. 

A Court Must Determine Custody and Visitation

Once a family court has determined that a child has more than three parents, the court must determine which parents pay child support, which parents receive child support, and how much custody the parents shall receive.y and visitation.