California Paternity Forms, Documents and Law - Declaration Of Paternity
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California Paternity Law, Information and FAQ Establishing Paternity In California
Introduction:   Paternity is defined as the quality or state of being a Father. The person wanting to establish Paternity can either be the Mother, Father, or child, depending on the individual desires of the parties involved. With science giving us more accurate testing, the matter of establishing paternity is easier and more reliable than in the past. DNA testing methods include SWAB Test and DNA Genetic Identity. DNA testing centers are easy to locate and the costs are reasonable. For this reason, most paternity matters are settled prior to trial. In addition, Complaints and Petitions to establish Paternity are now often routine and agreed to by all parties. The resulting child support and custody proceedings are also involved.
Children born to unwed persons do not automatically have a legal Father without a Paternity action establishing the identity of the Father, whether agreed or contested. Note: Some States allow the establishment of Paternity by the execution of an Acknowledgment of Paternity form without a formal Court action.
Reasons to Establish Paternity:
Identity:Â To provide the child with a needed
identity.
Health:Â It is important to know the health history
of both the Mother and Father for medical care and treatment of the child.
Support:Â It takes two to fairly support a child in
today's world to the extent of their ability.
Benefits:Â Establishing Paternity allows the child
to be covered by health insurance, social security, inheritance and veteran's
benefits.
Public Assistance:Â Paternity also means the parties
can seek public assistance where they qualify.
How to Establish Paternity:
- Paternity Court Proceeding
- Voluntary Acknowledgment of Parentage or Paternity (in some States).
How do you challenge Paternity:
- Contested Paternity Action (Complaint to Establish Parental Relations or similar proceeding)
- Revocation of Voluntary Acknowledgment (if within certain rules)
Paternity Proceedings:
- Can be filed by the alleged Father, Mother, Child, or Child Support Division of the State.
- Paternity testing can be ordered by the Court in most States. The Mother, Father and child can be ordered to submit to testing.
- Testing can be by blood tests, swab test or other methods to obtain DNA samples.
- Generally, testing is paid for by the Father if testing is positive, or the mother if testing is negative. The Parties may also agree to how the testing will be paid.
Birth Certificate:Â The Father will be shown on the birth certificate if he acknowledges paternity when or close in time to the birth, or the Court orders the birth certificate to be changed to reflect the Fathers name.
Child's Name: When the child is born, the Mother usually establishes the name of the child. If the Mother and Father acknowledge Paternity and complete the application for a birth certificate they can both choose the child's name. If the name is not established by this means, the Court can order the change of the child's name at any time.
Marital Status:   Most paternity actions involve a child born out of wedlock. Paternity actions also occur between married persons where someone other than the Husband is the Father of the child, or where the Husband has fathered a child outside his marriage. There is a presumption that a child born to a married woman is the child of the husband. However, this presumption can be overcome by DNA and other evidence. In some states, the Mother and Husband can sign an "Affidavit of Denial of Paternity" where both agree that the Husband is not the Father of the child.
Age of Parents:Â Â Â Generally, the age of the parents does not matter and parents of any age can establish paternity.
Custody:   Custody of a child can either be awarded to the Father or the Mother in Paternity actions, depending on the facts. Mothers receive custody more often but Fathers are being awarded custody under certain circumstances. The Parties may also sign an agreement addressing this issue that the Court may consider in awarding custody.
Child Support:   Generally, the same rules that apply to child support in divorce actions, also apply to child support in Paternity actions. Either party can be ordered to pay child support to the other. Some Courts will also award back child support relating back to the date of birth or a specific number of years. The Parties may also sign an agreement providing for the payment of child support to be approved by the Court.
Visitation:Â Â Â If the Parties cannot agree to visitation rights, the Court may be petitioned to request visitation rights.
Attorneys:   If the parties cannot agree on paternity, custody and child support, you should seek the assistance of an attorney who routinely handles paternity matters. This is not a proceeding where self representation is advisable.
Voluntarily Acknowledging Paternity:   In most cases, you may elect to voluntarily acknowledge paternity with or without DNA testing. Once you agree, you may or may not be able to revoke the acknowledgment depending on your State.
Laws:   State laws vary about the procedures and rules for establishing paternity. Some call the action a Complaint for Legitimization. Uniform Acts have been developed for adoption by States including the Uniform Act on Paternity, 1960, Uniform Parentage Act, 1973 and the Uniform Putative and Unknown Fathers Act, 1988. States that adopted the Uniform Parentage Act include Alabama, California, Colorado, Delaware, Hawaii, Illinois, Kansas, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Rhode Island, Washington and Wyoming. States adopting the Uniform Act on Paternity include Kentucky, Maine, Mississippi, New Hampshire, Rhode Island and Utah.
Action by Child:   An action for paternity may also be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity. Attempts to limit the right of the child to file for paternity have generally been ruled unconstitutional by the Supreme Court.
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Action by Parent:   Some States limit the time period within which a parent may seek to establish Paternity. You should check you State law for current laws but at the writing of this the time periods were as provided below. Special time periods may apply if the child is born to a husband and wife. For example, in California, a husband only has 2 years to file a paternity action.
No Time Limit: Arkansas, Georgia, Massachusetts, Oregon, Rhode Island, South Dakota, and Virgin Islands.
The State's "Age of Majority": Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Kansas, Kentucky, Louisiana, Maine, Minnesota, Missouri, Montana, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia.
Age 18: Mississippi
Age 19: Alabama, New Hampshire and Wisconsin
Age 19: Age of majority plus one year: Iowa and Tennessee
Age 20: Two years after child's 18th birthday: Texas
Age 21: Vermont and Wyoming
Age 21: Three years beyond the child's 18th birthday: Hawaii, Nevada,
New Mexico, and North Dakota,
Age 22: Four years after the child's 18th birthday: Florida
Age 23: Ohio
Five years beyond child's 18th birthday: New Jersey
Four years after child's birth if brought by mother or alleged
father; 18 years after child's birth if brought by guardian or next-friend
of child: Nebraska
DNA Testing:   DNA testing which creates a positive reading creates a rebuttable presumption that man is the Father of the child. The threshold percentage varies from State to State as follows:Â
95%: Alaska, Arkansas, Arizona, Florida, Iowa, Montana,
New York, North Dakota, Ohio, Oklahoma (Conclusive if 98%), and Puerto
Rico (Conclusive 98%)
97%: Alabama, Colorado, Georgia, Kansas, Massachusetts, Maine,
New Hampshire, North Carolina, Rhode Island, South Carolina, and Wyoming.
98%: Missouri, Vermont, Virginia, Washington, and West Virginia.
99%: Connecticut, Delaware, District of Columbia, Hawaii, Indiana,
Kentucky, Michigan, Minnesota (Temporary Orders With 92%), Mississippi,
Nebraska, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, South Dakota,
Tennessee, Texas, Utah, and Wisconsin.
99.9%: Louisiana.
California-Paternity index of 100 or greater per California Family
Code Section 7555(b)(2).
FAQ
Q:Â What is paternity?
A:Â Paternity means being declared the legal father after the child is born. If the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established.
Q:Â Does it matter how paternity is legally established?
A: No. Whether paternity is established voluntarily, administratively or by court action, the result is the same. In each case, the biological Father becomes the legal Father.
Q:Â What is voluntary paternity establishment?
A:Â People may believe that paternity can only be legally established by filing a case in court and having a judge decide the issue after testing is done or other proof is submitted. However, if both parents agree who the biological Father is, legal paternity often can be established by a simple process that doesn't require a court hearing in most States. This is called voluntary paternity establishment.
Q:Â What if the man is not sure he is the Father?
A:If both parents are willing, they may take a genetic test (usually a blood test) to determine if the man is the biological Father.
Q:Â Are genetic tests accurate?
A:Â New methods of scientific testing are nearly one hundred percent accurate in proving whether a man is the father of a child. Most testing laboratories now use DNA testing. The test results can show conclusively if a man is not a child's father or can show that a man is the Father to a high degree of certainty.
Q:Â What if the Mother is married to someone other than the biological father?
A:Â Generally, if the Mother was married any time in the ten-month period before the baby is born or when the baby is born, the Husband is presumed to be the child's legal father in virtually all States. In this situation, the voluntary process to establish paternity for the biological Father can only be used if the Husband gives written consent to another man being declared as the Father. If the husband will not consent, court action may be necessary to establish paternity. If the Husband cannot be located after reasonable effort, paternity may be established without his consent.
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Types of Affidavits
In California, there are different types of affidavits that serve different purposes. One common type is an affidavit, where a person declares information to be true under oath and penalty of perjury. This kind of affidavit may be required in legal proceedings or when giving evidence in a court case. Another type is an affidavit of identity, which is used to confirm one's identity, often when applying for official documents like passports or driver's licenses. There are also specific affidavits used for different situations, such as an affidavit of service, which verifies that certain documents were properly delivered to the intended parties. These affidavits are important documents as they provide legally binding statements in various situations.
What is an Affidavit?
An affidavit is a written statement that is made under oath. It is a legal document that is used to provide factual information or evidence in a court case. In California, an affidavit can be used to support a motion or to present evidence in a trial. It is important to be truthful when creating an affidavit, as lying in an affidavit can have serious consequences. In California, the affidavit must be signed and notarized to be considered valid.
Difference Between an Affidavit and Sworn Statement
In California, there is a difference between an affidavit and a sworn statement. Let me break it down for you in simple terms. An affidavit is a written document where a person makes a statement under oath, affirming that everything they have stated is true to the best of their knowledge. It's like a legal promise they make. On the other hand, a sworn statement is also a written document, but it doesn't require a notary public or any formal attestation. It's more like a personal declaration, where someone writes down facts or information they believe to be true. So, basically, the main difference is that an affidavit is more formal and usually requires notarization, while a sworn statement is less formal and often used in situations where notarization is not necessary.
When is an Affidavit Used?
In simple words, an affidavit is a document that is used when someone needs to provide a written statement or sworn testimony. It can be used in various situations, such as legal proceedings, court cases, or to support a formal complaint. In California, an affidavit may be required for a variety of reasons, including but not limited to, proving facts, confirming identity, presenting evidence, or stating an individual's personal knowledge about a particular matter. People commonly use affidavits in California to support claims, provide information, or swear to the truthfulness of a statement.
How To Write an Affidavit
Writing an affidavit in California is a straightforward process that requires you to prepare a written statement under oath, using simple language that a regular person can understand. Start by clearly stating your name, address, and other personal details. Next, describe the reason for writing the affidavit and the facts or events you want to address. Be honest, concise, and specific, focusing on relevant details. Organize your statement into paragraphs, each tackling a different point. Remember to sign the affidavit in the presence of a notary public, who will then acknowledge your signature. Finally, make sure to keep a copy for your records.