Paternity In California
Paternity lawsuits give unmarried parents the ability to resolve issues of custody, support and visitation. When parentage is established it means the both parents of a child have been identified. The parentage action can be brought fourth by either party so they can establish a parental relationship in the eyes of the law. The fling party is known legally as the plaintiff and the other part as the defendant. The proceeding ends with a judgement once all the issues in the case have been decide and resolved. A judgement can be entered by default, agreement, or after trial.
The court can also issue temporary court orders in parentage actions. Once parentage is established issues of custody and support are handled in the same manner as they would in a dissolution hearing.
California law allows blood tests to be ordered in cases where parentage is in question. In such cases the mother, child and potential father must submit to testing. Any party that refuses is giving the court the power to find against their position in court.
Blood tests are not admissible in some cases. In certain situations parentage is presumed. For instance, if a mother is living with her husband when she conceives he is legally presumed to be the father of her child. Similarly if a father signs an acknowledgment of parentage willingly when a child is born the presumption is that he is the father. These presumptions can be rebutted if challenged within three years.