Services · Paternity

Paternity.

Paternity (more accurately, parentage) actions establish legal parent-child relationships. The outcome affects custody, child support, inheritance, the right to make decisions for the child, and the child's right to the parent's benefits.

When parentage is contested

Common contexts: a child is born to unmarried parents and the father's status is disputed; a presumed father seeks to establish or disestablish his status; an unmarried father seeks rights to a child the mother is raising alone. Parentage can be established by voluntary declaration, by court order, or — most often — by genetic testing.

Voluntary Declaration of Parentage

Form CS-909 (Voluntary Declaration of Parentage) signed at the hospital establishes legal parentage without a court order. Once filed with the Department of Child Support Services, it has the force of a judgment and is difficult to undo.

Genetic testing

When parentage is contested in court, genetic testing is the standard tool. Results that establish a 99% probability of parentage are nearly always conclusive. Either party may request testing; the court orders it routinely on a properly filed motion.

Connecting to custody and support

Establishing parentage is the predicate to a custody or support order. The parentage action is often filed jointly with a Request for Order seeking custody, visitation, and support — so the legal status and the practical orders move together.