PATERNITY ACTIONS When the biological parents of a child(ren) are not married at the time of a child(ren)’s birth, then either parent can file an action in court to establish parentage. Establishing parentage through the Court is a process of determining who the legal parents are of a child, and either parent may file a Petition to Establish Parental Relationship. Why does it matter? When a parent is the legal parent of a child, that parent may be entitled to custody and visitation with the child. Likewise, when a parent is the legal parent of a child, that party is also financial responsible for the child. If you and the child’s mother were not married at the time of the birth, and you did not sign a Voluntary Declaration for Paternity, then you are not the legal parent of the child. Without establishing a parental relationship with the child, you do not have the legal right to see the child, or make decisions about the child’s health, safety, and welfare. If you are the legal parent of a child, you have certain rights and responsibilities with regard to the child. You may ask the court to determine your legal and physical custody rights. The other parent may demand that you pay child support. Court orders for custody and child support can are made after a court establishes the parentage of the child. THERE IS NO LEGAL OBLIGATION TO PAY CHILD SUPPORT FROM ONE PARENT TO THE OTHER UNLESS THERE IS A COURT ORDER. You may want to seek the assistance of counsel if: • You are the mother of the child and the father does not want to pay child support • You are the father of the child and the mother is refusing to allow you to visit with your child or is making decisions without consulting with you • It is unclear who the biological father is. If there is a dispute about parentage, then the court can order genetic testing to determine who the biological parents are. Generally speaking, if a child is born to a mother who is married, the law usually considers the husband to be the father. However, the husband may not always be the biological father of the child. If this describes your situation, then you must consult with an attorney immediately. Otherwise you may be barred from contesting your status as that child’s legal parent in the future. If you and your spouse get a divorce in the future, you will be required to pay child support for all children you are the legal parent of. Contact the LAW OFFICE OF CATHLEEN E. NORTON at (310) 300-4021 or email Cathleen@cnortonlaw.com  for further information or to schedule an appointment for a Comprehensive Consult. Disclaimer: This website provides general information and nothing contained herein should be construed as giving legal advice.  Every situation is unique so the information contained on this website may not apply to your particular situation. You should not act upon any information in this website without seeking advice from a lawyer. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents of this website may be an "Advertisement" as defined by The Rules of Professional Conduct and California Business and Professions Code. The information contained in this website is not intended for residents outside the state of California.