Parentage actions, also known as paternity actions, are proceedings in California that determine the legal parent-child relationship. These actions are typically initiated to establish parental rights, responsibilities, and obligations. Here are some key points regarding parentage actions in California:
1. Establishing Parentage: Parentage can be determined in many ways in California. If the parents are married or in a registered domestic partnership at the time of the child’s birth, paternity is automatically established. If the parents are not married or in a domestic partnership, parentage can be established voluntarily through a Voluntary Declaration of Paternity (VDOP) form signed by both parents. Alternately, parentage can be established through a court order.
2. Voluntary Declaration of Paternity (VDOP): If the parents are not married or in a domestic partnership, they can establish parentage by signing a Voluntary Declaration of Paternity (VDOP) form. This form is typically available at hospitals, birthing centers, local register of births and deaths, and the Department of Child Support Services.
3. Rights and Responsibilities: Establishing parentage grants both parents rights and responsibilities which include the right to custody and visitation, the obligation to provide financial support (child support), the right to make decisions about the child’s health, education, and welfare.
4. Genetic Testing: In parentage actions where there is a dispute or uncertainty about the biological relationship between the alleged parent and the child, genetic testing may be ordered by the court. This involves DNA testing to establish or disprove paternity. The result of genetic testing is evidence in determining parentage.
5. Legal Assistance: To initiate a parentage action in California, an individual can file a petition with the family court. It is advisable to seek legal representation when navigating parentage actions in California. A parentage lawyer can provide guidance, ensure your rights are protected, and help you understand the legal process. They can also assist in negotiating or litigating issues related to custody, visitation, child support, and other matters.
If you have questions or need assistance with establishing parentage in California, consulting with a parentage lawyer is recommended. They can provide guidance, explain the legal process, and help protect your rights and the best interests of the child.
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