Under California law, there is a legal presumption that a child born during a marriage is the product of the marriage.  This presumption can be rebutted, however, and the husband proven to not be the father, usually through DNA testing.  At the law firm of Jarvis, Krieger and Sullivan, we can help with any type of paternity matter representing both men and women in matters related to parentage.

Acknowledged Father

If a child is born and the mother is not married, there is no marital presumption.  No one is presumed to be the father.  In this context, the “Acknowledgment of Paternity” was created.  The “Acknowledgment of Paternity” is a written, sworn legal document, signed under oath by both the unmarried mother and the alleged father.

An acknowledged father is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents.  An acknowledged father is usually required to pay child support.  The amount is dependent upon the individual’s gross income, percentage of time with the minor child or children and other factors such as daycare costs, the Court can consider.

Presumed Father

In California, if any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to the Court:

A presumed father usually pays child support, which includes, most times, health insurance premiums plus a percentage of any costs not covered by health insurance and a percentage of any daycare costs necessary for the other custodial parent to work.

Child custody and child visitation are treated the same in a paternity case as in a dissolution or divorce case and a legal separation case, i.e., wherein the court looks at the bests interests of the minor child.

	•	He was married to the mother when the child was conceived or born
	•	He married the mother after the birth and agreed either to have his name on the birth certificate or to support the child, or he welcomed the child into his home and openly held the child out as his own.

Stepfather

A stepfather is not obligated to support the children of the woman to whom he is married unless he legally adopts the children.