2755 Jefferson Street, Suite 205, Carlsbad, California 92008 | 1019 Costa Pacifica Way, Suite 1303, Oceanside, California 92054

Silverman & Silverman, Attorneys at Law

Free initial phone consultation NORTH COUNTY SAN DIEGO CARLSBAD 760.512.3251 OCEANSIDE 760.512.3251 SAN FRANCISCO 415.906.4142 Evening & Weekend Appointments Available

In California, You’re the Dad If You Act Like the Dad

California law takes a broad view of fatherhood through the concept of “presumed parenthood” because the state recognizes that paternity is more than just DNA. Under this principle, a man can establish paternity even if he has no biological connection to the child.

Understanding “Presumed Parent”

In certain situations, California law presumes a man is the father of a child. The California courts consider the following when determining whether a man qualifies as a presumed father when:

  • He was married to the mother when the child was conceived or born.
  • He attempted to marry the mother when the child was conceived or born.
  • He married the mother after the child was born and, previously, he agreed to support the child or to have his name on the birth certificate.
  • He took the child into his home and treated the child as his own.

The Rights and Responsibilities of Presumed Fathers

Presumed fathers have the same custody and visitation rights as mothers — even if DNA testing later shows no biological connection existing between the father and child.

Presumed fathers have all the responsibilities of fatherhood.

In the event of divorce or the death of the mother, presumed fathers must continue providing financial support for the child(ren).

When a marriage with children dissolves, it is especially important that each partner is represented by an experienced California divorce attorney who can help ensure that the children continue to benefit from the support of both parents.

Post a Comment

Your email is never published nor shared. Required fields are marked *


Contact Form
Close Logo-Contact

To better help you please fill out this form and press this submit button

  • This field is for validation purposes and should be left unchanged.