California Paternity

In California, paternity rights refer to the legal rights and responsibilities that a father has concerning his child. Establishing paternity is important for both parents and the child, as it provides a legal framework for parental rights, visitation, and support. Here are key aspects of paternity rights in California:

  1. Voluntary Declaration of Paternity (VDOP): Unmarried parents in California can sign a Voluntary Declaration of Paternity form, either at the hospital when the child is born or at a later date. Both parents must sign this form, and it legally establishes the father's relationship with the child.
  2. Presumed Paternity: California law includes presumptions of paternity, such as when a man is married to the child's mother at the time of conception or birth. However, these presumptions can be rebutted in certain situations.
  3. Court-Ordered Paternity: If paternity is contested or not voluntarily acknowledged, either parent can file a court case to establish paternity. The court may order genetic testing to determine biological parentage.
  4. Rights to Custody and Visitation: Once paternity is established, the father has the legal right to seek custody or visitation with the child. The court will consider the best interests of the child when making decisions about custody and visitation.
  5. Child Support: Both parents have rights and responsibilities related to child support. The noncustodial parent (the parent without primary physical custody) is typically required to provide financial support for the child, and the amount is determined based on various factors, including income and expenses.
  6. Modification of Orders: If circumstances change, such as a change in income or living situation, either parent can request a modification of the paternity orders. This can include modifications to custody, visitation, and child support arrangements.
  7. Access to Benefits: Establishing paternity can grant the child access to various benefits, including medical insurance, social security benefits, and inheritance rights from the father.

It's important for unmarried fathers to be proactive in establishing paternity and asserting their rights. Consulting with a family law attorney in California can provide guidance on the specific legal processes, rights, and responsibilities related to paternity in the state. Additionally, laws may have changed since my last update in January 2022, so it's advisable to check for any updates or changes in the law.





Paternity in California refers to legal recognition of a man as the father of a child. Establishing paternity is important for various reasons, including parental rights, child support, and access to benefits. Here are some key points about paternity in California:

  1. Voluntary Declaration of Paternity (VDOP): Unmarried parents can sign a Voluntary Declaration of Paternity form at the hospital when the child is born or at a later time. Both parents must sign the form, and it is filed with the California Department of Child Support Services (DCSS). This form legally establishes the father's relationship with the child.
  2. Court Order: If there is a dispute or disagreement about paternity, either parent can file a court case to establish paternity. This can involve genetic testing to determine biological parentage. The court may issue a judgment declaring paternity.
  3. Presumed Father: In some cases, a man may be presumed to be the father of a child, such as when he is married to the child's mother at the time of the child's birth. However, this presumption can be rebutted in certain situations.
  4. Rights and Responsibilities: Once paternity is established, the father has legal rights and responsibilities, including the right to seek custody or visitation and the obligation to provide financial support for the child.
  5. Child Support: If the parents are not together, the noncustodial parent (the parent without primary physical custody) is typically required to pay child support to the custodial parent.
  6. Benefits and Rights: The child may be entitled to various benefits, including medical insurance, social security benefits, and inheritance rights from the father.
  7. Modification: Paternity orders can be modified if circumstances change, such as changes in custody arrangements or financial situations.


Here are some key points related to paternity leave in California:

  1. Paid Family Leave (PFL): California's PFL program is administered through the Employment Development Department (EDD). PFL provides eligible employees with partial wage replacement when taking time off work for bonding with a new child, including paternity leave.
  2. Eligibility: To be eligible for PFL benefits, an individual must have earned a certain amount of wages during a designated base period and must be taking time off to care for a seriously ill family member or to bond with a new child.
  3. Duration of Leave: As of my last knowledge update, eligible individuals can receive up to eight weeks of PFL benefits within any 12-month period. The leave can be taken intermittently.
  4. Wage Replacement: PFL provides partial wage replacement, and the benefit amount is a percentage of the individual's earnings during a designated base period.
  5. Reasons for Leave: PFL can be used for various family-related reasons, including bonding with a new child, caring for a seriously ill child, spouse, parent, domestic partner, or to participate in a qualifying military exigency.
  6. Coordination with Other Leave Policies: PFL can be used in conjunction with other leave policies, such as the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), if eligible.


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