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Family Law

: California Family Law Blog

Sacramento Divorce Attorney Discusses Paternity Establishment:

By Scott Sagaria

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Sacramento Divorce Attorney Discusses Paternity Establishment:

Establishing paternity is the process of determining the legal father of a child. When parents are married, paternity is automatically established in most cases as the husband of the mother is automatically presumed to be the child?s father. If parents are unmarried, paternity establishment is not automatic and the process should be started by both parents as soon as possible for the benefit of the child. Unmarried parents can establish paternity (legal fatherhood) by signing a voluntary "Declaration of Paternity? form. This can be done in the hospital after the child is born. A Declaration of Paternity may also be signed by parents after they leave the hospital.

Unmarried parents who sign the Declaration of Paternity form help their child(ren) gain the same rights and privileges of a child born within a marriage. Some of those rights include: financial support from both parents, access to important family medical records, access to the non-custodial parent?s medical benefits, and the emotional benefit of knowing who both parents are.

In an effort to create a legal link between unmarried fathers and their children, the California Department of Child Support Services joined other states in a partnership with licensed hospitals and clinics with birthing facilities to establish the Paternity Opportunity Program (POP). This voluntary in-hospital paternity acknowledgement program, implemented in January 1995, involves about 330 of California?s licensed hospitals and clinics with birthing facilities. The program has since been expanded to prenatal clinics, county welfare offices, local vital records offices, and courts.

If you have a question regarding paternity establishment please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.

Full post as published by California Family Law Blog on October 20, 2008 (boomark / email).