Protecting Parental Rights and the Best Interests of Your Child in Los Angeles County
We represent clients across Los Angeles County, including Bel Air, Holmby Hills, West Hollywood, and Santa Monica, ensuring that your parental relationship is legally recognized and protected under the California Family Code.
How to Establish Paternity in California and Why it is Essential
When a child is born to unmarried parents in California, legal parentage is not automatic, even if the father’s name appears on the birth certificate. Without a legal determination of paternity, a father may have no standing to request custody, and a mother may have no legal basis to receive child support.
Our firm can help you establish parentage through:
- Voluntary Declaration of Parentage (VDOP): A process where both parents sign a document voluntarily acknowledging their legal relationship to the child.
- Court-Ordered DNA Testing: When parentage is disputed, we can petition the court for genetic testing, which currently offers up to a 99% probability of accuracy.
- Presumed Parentage Claims: In cases where a person has lived with the child and held them out as their own, the law may recognize “presumed” parentage regardless of biological ties.
By formalizing these legal ties, you provide your child with the security of a documented lineage and the right to financial support from both parents. This foundational step is not just a legal requirement but a commitment to your child’s long-term stability and well-being.
The Impact of Legal Parentage in Beverly Hills
Once paternity is established, the “best interests of the child” standard becomes the court’s primary focus. A legal judgment of parentage opens the door to:
- Custody and Visitation Orders: Protecting your right to spend time with and make major life decisions for your child.
- Child Support: Ensuring the child receives the financial resources they are entitled to under California guidelines.
- Benefits: Securing the child’s right to health insurance and Social Security benefits from both parents.
Securing these rights ensures that your child has access to the comprehensive care and legal protections they deserve throughout their life. It also establishes a clear framework for co-parenting that minimizes future conflict and promotes a healthy family dynamic.
Why Choose Schoenberg Family Law Group, P.C.?
Paternity cases are emotionally charged, high stakes, and frequently, high conflict. Choosing a firm with a reputation for excellence is vital.
- Certified Expertise: Our firm is led by Debra R. Schoenberg, a Board-Certified Family Law Specialist with nearly 40 years of experience. This certification signifies a level of expertise recognized by the State Bar of California.
- “In It to Win It” Mentality: We are known as formidable trial lawyers. While we always seek amicable resolutions through negotiation or mediation, we are prepared to aggressively litigate in the Los Angeles County Superior Court to protect your rights.
- Compassionate & Discreet: We understand the privacy concerns of our Beverly Hills clientele. We offer our unwavering support during difficult times, maintaining the highest standards of professional integrity and confidentiality.
- Tailored Attention: You are never just a case number. Our team takes the time to understand your unique family goals and craft a personalized plan to help you move forward.
Our goal is to preserve our clients’ dignity and humanity while navigating the legal complexities of parenthood. We work diligently to ensure that every parent-child relationship we represent is built on a solid, legally enforceable foundation.
Frequently Asked Questions (FAQs)
Does being on the birth certificate automatically make me the legal father?
No. While it is strong evidence, for unmarried parents in California, a birth certificate does not grant full legal parental rights. You must still sign a Voluntary Declaration of Parentage or obtain a court order.
Can I refuse a DNA test if I am served with a paternity lawsuit?
Refusing a court-ordered DNA test can have serious legal consequences. A judge may view a refusal as an admission of paternity and issue a "default judgment" naming you the legal father.
What if I signed a VDOP but now think I am not the father?
There is a very limited window (usually 60 days) to rescind a Voluntary Declaration of Parentage. After that, you must prove fraud, duress, or a "material mistake of fact," which requires the assistance of an experienced Beverly Hills paternity lawyer.
Can a mother seek child support back-pay once paternity is proven?
In California, child support can generally only be ordered back to the date the "Petition to Establish Parentage" was filed and served on the other parent.
Does establishing paternity mean I get 50/50 custody?
Not necessarily. It grants you the right to ask for custody. The court will then determine a schedule based on the child's best interests, including their health, safety, and existing bond with each parent.
Can a same-sex partner establish paternity/parentage?
Yes. California law is gender-neutral regarding parentage. Non-biological parents in same-sex relationships can establish legal rights through various methods, including the "presumed parent" doctrine or second-parent adoption.
How much does a DNA test cost, and who pays for it?
The cost varies, but it is typically a few hundred dollars. The court may order the person requesting the test to pay or split the cost between both parties.
Can paternity be established if the father is deceased?
Yes, parentage can sometimes be established after death through DNA from relatives or previous medical records to ensure the child receives inheritance or Social Security benefits.
Can I file for paternity before the baby is born?
You can start the legal paperwork during pregnancy, but a final judgment of parentage is not issued until after the child is born.
What if I found out my child isn't biologically mine after years of acting as the father?
California courts often prioritize the child's stability. If you have "held the child out" as your own for a long period, the court may maintain your legal status as a parent under the "presumed parent" rule, even without a biological link.
Secure Your Future and Your Child’s Rights – Contact our Beverly Hills Paternity Lawyer Today
Don’t leave your parental rights to chance. No matter where you are in Southern California, Schoenberg Family Law Group, P.C. is ready to provide the guidance you deserve.
Call us today at 310-340-1846 or contact us online to schedule a consultation with our leading Beverly Hills paternity lawyers.
