The sworn statement made by the party must either: (1) Allege paternity setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) Deny paternity setting forth facts establishing a reasonable possibility of the non-existence of sexual contact between the parties. You must have JavaScript enabled in your browser to utilize the functionality of this website. PRESUMPTION CONCERNING CHILD OF MARRIAGE (k) Any agency or organization required to offer parents the opportunity to sign a voluntary declaration of paternity shall also identify parents who are willing to sign, but were unavailable when the child was born. (6) The Judicial Council shall develop the forms and procedures necessary to effectuate this subdivision. (2) The name and the signature of the father. (b) The donor of semen provided to a licensed physician and surgeon for use in artificial insemination of a woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived. The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by the court. §7550: If a Voluntary Declaration of Parentage (VDOP), using form CS 909, has been executed (by both parents) and filed with the California Department of Support Services, that declaration establishes the parentage of a child and has the same force and effect as a judgment of parentage by the court. §7611.5: This can be extremely financially damaging to a single, unmarried mother, and is perhaps the most common reason for seeking a paternity order. (F) The benefit or detriment to the child in establishing the biological parentage of the child. (D) The request of the man who signed the voluntary declaration that the parent-child relationship continue. A party’s refusal to submit to the tests is admissible in evidence in any proceeding to determine paternity. Can this procedure be used to establish the mother – child relationship? (a) If, under the supervision of a licensed physician and surgeon and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. (2) The legal rights and obligations of both parents and the child that result from the establishment of paternity. The law varies depending on the situation of the parents at the time of a child’s birth. (b) An action under this part may be brought in the county in which the child resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced. (3) The consolidated action under paragraph (1) or (2) shall be heard in the court in which the proceeding under Section 7662 or Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless the court finds, by clear and convincing evidence, that transferring the action to the other court poses a substantial hardship to the petitioner. You may need a paternity test if want to secure child support and have access to medical records, government benefits, and health insurance for your child but have not established parentage. The goal of a paternity case is to establish whether a person is or is not a natural parent of a child and, if parentage is established, to determine how the child will be parented and who should help pay for the support of the child. A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following: (a) Based on the tests authorized by Section 7541, a parent and child relationship exists pursuant to Section 7540. (a) This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and quick updates, and worked through all of the questions and issues on this case. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following: (1) That the action be dismissed with or without prejudice; (2) That the matter be compromised by an agreement among the alleged father, the mother, and the child; (3) That the alleged father voluntarily acknowledge his paternity of the child. Under what circumstances are certain individuals “presumed” to be the father of the minor child(ren)? § 7575 Fam. 7635. (b) In any civil action or proceeding in which paternity is a relevant fact, and in which the issue of paternity is contested, the local child support agency may issue an administrative order requiring the mother, child, and the alleged father to submit to genetic testing if any of the following conditions exist: (1) The person alleging paternity has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility of the requisite sexual conduct between the mother and the alleged father. A man is presumed to be the natural father of a child if he meets the conditions provided in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any of the following subdivisions: (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court. In the state of California, court-ordered drug and alcohol evaluation can be a required component of a wide range of legal situations. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection only in exceptional cases upon an order of the court for good cause shown. A filed Voluntary Declaration of Parentage (VDOP) has the same force and effect as a judgment for parentage issued by a court. A properly signed declaration of parentage or paternity has the same effect as a court order establishing parentage for the child, without anyone having to go to court. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. NOTE: All California courts use the same basic set of forms. The Process For Determining Parentage In California Contact a local attorney. The presumption under this section has the same force and effect as the presumption under Section 7540. Myriad daytime television talk shows have made great drama out of … §7633: Another way to establish paternity is by going to court. (a) A copy of the results of all genetic tests performed under Section 7552 or 7558 shall be served upon all parties, by any method of service authorized under Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure except personal service, no later than 20 days prior to any hearing in which the genetic test results may be admitted into evidence. Nothing in this part prevents a party to an action or proceeding from producing other expert evidence on the matter covered by this part; but, where other expert witnesses are called by a party to the action or proceeding, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action or proceeding. (b) The form described in subdivision (a) shall contain, at a minimum, the following: (1) The name and the signature of the mother. CHAPTER 1. If the court orders genetic testing, it will provide the named parents with the information they need to get the tests done. (b) If two or more presumptions arise under Section 7611 which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. DETERMINATION OF PARENT AND CHILD RELATIONSHIP In California, if two parents are married when a child is born, the law assumes that the husband is the father and the wife is the mother. Establishing paternity comes with a variety of rights and obligations. This part may be cited as the Uniform Parentage Act. CHAPTER 2. The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. It expresses the relative strength of the test results for and against paternity. Serve your spouse with a Summons and Complaint Regarding Parental Obligations, to which your spouse must respond within 30 days. 2) No, its not legal, and the courts wont order it, so tell her to suck it. (2) For the purpose of declaring the nonexistence of the father and child relationship presumed under subdivision Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. Any party or person at whose suggestion the tests have been ordered may demand that other experts, qualified as examiners of blood types, perform independent tests under order of the court, the results of which may be offered in evidence. The court will not accept genetic tests done at home or in a private medical facility. If a party refuses to accept one of the above recommendations and genetic tests, including blood tests have not been taken, the court shall require the parties to submit to genetic tests, if practicable. Call Today for a Consultation. UNIFORM PARENTAGE ACT The jurisdiction of the California Family Court is very broad. In California, there are two main ways to do this. The two-year statute of limitations specified in subdivision (b) of Section 7541 is inapplicable for purposes of this section. Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of California, but does include basic and other provisions. 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