Paternity
How do I show that I am the dad?

If you and the child's mother are, or were, legally married, then it is "presumed" that you are the father of the child as long as the child was born during the marriage or within 300 days after the marriage ended due to death, divorce, or a judgment of separation. Family Code §7611.

If you are not married to the child's mother you can file a Voluntary Declaration of Paternity to establish that you are the child's father. Before she leaves the hospital, the child's mother shall be provided with a voluntary declaration. You both sign the form and a hospital staff person acts as a witness to your signatures. The hospital then forwards the signed Declaration to Child Support Services within 20 days of the date it was signed. Family Code §7571.

As an alternative to signing the declaration while the mother is still in the hospital, both the mother and father can sign the declaration and have it notarized anytime after the child's birth. (Both the mother and the father must sign at the same time in the presence of a Notary Public.) After the form is signed and notarized, it is then sent to the Child Support Services. Family Code §7571.

The law provides that a Declaration of Paternity establishes paternity and has the same force and effect as a judgment of paternity issued by a court. The voluntary declaration is recognized as a basis for custody, visitation and child support. Family Code §7573.

Either the mother or the father may rescind the Declaration by filing a rescission form within 60 days of the date on the declaration, unless a court order for custody, visitation and/or child support has already been entered into by one of the parties seeking the rescission. (This means that you (the father) or the mother will not be allowed to rescind the Declaration if the court has already used the Declaration to grant custody, visitation or child support to either of you). Family Code §7575.

If the Declaration is signed by minors it does not establish paternity until 60 days after both minor parents turn 18 years old or are emancipated, whichever comes first. The Declaration can be rescinded by either the mother or the father until 60 days after the minors turn 18 or are emancipated. Family Code §7577.

What if we're not married or we can't use the Declaration of Paternity?

If you

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