For unmarried couples in California, paternity can feel like a confusing maze of legal procedures and forms. However, establishing paternity is an important step to provide critical emotional, financial and legal security for both the father and the child.
While there is no statute of limitations, it is best to proactively navigate the courts and file the proper petition as early as possible. In this post, we will discuss the process of getting a court ordered DNA test.
How to file a Petition to establish paternity in California?
Getting a court ordered paternity test
File a petition: A paternity petition has to be filed for court order to be issued. There are two ways paternity DNA test results can used as evidence in family court. Get California’s petition to establish paternity forms here.
Judge Issues A Court Order: When a judge requests DNA testing be performed the judge will instruct the parties involved on where they DNA samples are to collected if the state is cover the cost.
In cases where the Department of Children and Family Services (DCFS) is involved. (DCFS) case worker is responsible for walking both parties through the process of establishing the paternity of a child in Arizona using genetic testing.
Court Turnaround Times
The turnaround times for court organized DNA Tests can be lengthy. It often takes several weeks to a few months. We recommend speaking with the personnel in charge of your case to inquire about wait times.
Please note: This information provided in this post regarding California paternity establishment guidelines are informational use only and not legal advice. We recommend speaking with a family law professional for a detailed understanding of the process.
Paternity Test Without a Court Order: A legal paternity test can be performed with or without court order and used as evidence later when you file petition in Family Court. Below are few things you need to know to successfully perform a court admissible DNA paternity test result.
1. All legal paternity tests must be tested and analyzed by an AABB accredited laboratory.
2. It is recommended that the participate in the testing process if available.
3. At-Home DNA Test Kits do not meet the criteria for establish a proper chain of custody therefor the results are not recognized by Family Courts and cannot be used for any legal purpose.
Out-of pocket Completion Times
The average turnaround time for legal paternity test results from IDTO DNA Testing Center is 2 to 3 business days from the date in which lab receives all genetic samples. For legal paternity testing questions or appointments. Call 877-680-5800 for quotes and to get started.
Upon the completion of your results a copy will mailed to your and another will be emailed to you for your records. In cases were a judge may request the lab to send the results directly to their office. Just provide your assigned caseworker with the additional details.
California’s Voluntary Acknowledgment of Paternity
If an unmarried couple are certain the man is the biological father of their child. Signing a VAP form at the hospital or local county health department after the birth.
Related Questions
How long does a father have to establish paternity in California?
In California, there is no statute of limitations on establishing paternity, meaning there’s no specific deadline for a father to do so. However, there are some important points to consider:
- Up to 2 years after birth: If there’s any doubt about the father’s identity, the court can order a blood test up to two years after the child’s birth. This means it’s best to establish paternity sooner rather than later to avoid potential delays.
- Establishing paternity after 18: While there’s no deadline, fathers can petition to establish paternity even up to three years after the child turns 18. However, doing so later can be more complex and involve additional challenges such as increased chance that alleged father or child may not want to participate.
- Emotional strain: The process can be emotionally charged for everyone involved, especially if there are strained relationships or disagreements about paternity.
Therefore, it’s highly advisable for fathers to establish paternity as soon as possible, regardless of the child’s age. This ensures their rights and responsibilities towards the child are legally recognized and protects the child’s access to potential benefits like financial support and inheritance.
