|
A "parentage" action is a legal proceeding that
allows unmarried parents to resolve issues similar to those
dealt with in a dissolution proceeding.
Establishing "parentage" means establishing
the identity of the child's parents. Once is done, issues
such as child custody and visitation, child support, and injunctive
orders may also be addressed.
A parentage action begins by one party filing
a "Complaint to Establish Parental Relationship" with the
court. The party filing the complaint is known as the "plaintiff"
and the other party is the "defendant." Similar to a dissolution
proceeding, a parentage action ends with a "Judgment" which
will contain orders from the court relating to every issue
raised in the case. Such a judgment may be obtained by default,
by agreement of the parties, or after a trial.
Temporary orders from the court are also available
in parentage actions. Once parentage is established, issues
such as child custody, support and visitation will be handled
under the same rules as they are in a dissolution proceeding.
Parentage actions do not always involve a dispute
regarding parentage. Sometimes the parties will stipulate
to the fact they are the parents of the child. If however,
parentage is an issue in the case, then it must be handled
prior to addressing other matters such as support and visitation.
California law authorizes blood tests in cases
where parentage is disputed. The mother, child, and alleged
father will be required to submit to these blood tests and
the results will then be evaluated by competent professionals
in the field. If a party refuses to submit to blood tests
then the court has the power to resolve the parentage issue
against that party.
The court will determine who is to pay for the
tests themselves. In some cases where the parties are of limited
means, the court can even order the county to pay for the
tests. On the other hand, in some cases blood tests will be
inadmissible because of a statutory presumption of parentage.
If, for example, the mother in a parentage action was married
and cohabiting with her husband at the time of conception,
the child is conclusively presumed to be the child of the
marriage.
This means in such a case evidence tending to
show that the husband is not the father, including blood tests,
will not be heard by the court. In rare cases this conclusive
presumption may be rebutted in a separate action by the husband
or wife within two years of the child's birth.
Similarly, a father who has voluntarily signed
a parentage declaration at the hospital where the child is
born may be conclusively presumed to be the father of the
child. This conclusive presumption may also be rebutted in
some cases if it is challenged within three years from the
date the declaration was signed.
Finally, under the Uniform Parentage Act, any
man claiming to be the father of a child may bring an action
to establish his parentage of the child. Also, under that
Act, an unmarried man who is alleged to be the father is a
"presumed father" if he receives the child into his home and
openly holds the child out to the public as his natural child.
|