{"id":26546,"date":"2019-10-20T09:37:03","date_gmt":"2019-10-20T16:37:03","guid":{"rendered":"https:\/\/michaeln165.sg-host.com\/?page_id=26546"},"modified":"2021-08-03T10:07:16","modified_gmt":"2021-08-03T17:07:16","slug":"paternity-parentage","status":"publish","type":"page","link":"https:\/\/adevine.io\/advokids-backup\/legal-tools\/paternity-parentage\/","title":{"rendered":"Paternity \/ Parentage"},"content":{"rendered":"
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Parentage (aka Paternity)<\/h2>\n

\u00a0<\/strong><\/p>\n

As early as possible, the juvenile dependency court must determine who are the legal parents of a dependent child\/youth. To be entitled to reunification in a dependency case, that parent must be a legal parent.<\/p>\n

If parents of a child are married, or in a registered domestic partnership when the child is born, the law assumes the married parents or domestic partners are the legal parents of that child.\u00a0 However, if a child is born to unmarried parents, parentage may need to be formally established by the court.<\/p>\n<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t\t\t

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TABLE OF CONTENTS:<\/p>\n

Parentage (aka Paternity)<\/a><\/p>\n

The Juvenile Dependency Court's Inquiry<\/a><\/p>\n

Voluntary Declaration of Paternity\/Parentage<\/a><\/p>\n

Types of Parents<\/a><\/p>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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Determining parentage can be a complicated but important process. The rights and responsibilities of legal parents differ from the rights and responsibilities of biological or other parents.\u00a0 Biology alone does not determine legal parentage.\u00a0 A child can have more than two legal parents.<\/p>\n

Paternity\/Parentage in the case of unmarried parents can be established only by a voluntary declaration of paternity or by court order per Family Code Section 7573.<\/p>\n

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The Juvenile Dependency Court\u2019s Inquiry<\/h4>\n

At the initial hearing (typically detention), the dependency court has a duty to inquire about parentage.\u00a0 If parentage cannot be established then, the court must continue the inquiry at all subsequent hearings until parentage is established.\u00a0 Specific questions the court must ask include, but are not limited to:<\/p>\n

    \n
  1. Has there been a parentage judgment or court decision.<\/li>\n
  2. Was the mother married?<\/li>\n
  3. Did the mother believe she was married?<\/li>\n
  4. Has the mother received support payments or promises of support for the child?<\/li>\n
  5. Has a man formally or informally acknowledged paternity; including by signing a voluntary declaration of paternity or by having his name placed on the child\u2019s birth certificate?<\/li>\n
  6. Have there been genetic tests or blood tests?<\/li>\n
  7. Has the child been raised jointly with another adult?<\/li>\n<\/ol>\n

    If\/when at any proceeding regarding the child the issue of parentage is addressed by the court:<\/p>\n

      \n
    1. The court must ask persons present whether any parentage finding has been made, and, if so, what court made it, or whether a voluntary declaration has been executed and filed under Family Code Section 7574<\/a>.<\/li>\n
    2. The court must direct the court clerk to prepare and transmit Parentage Inquiry\u2014Juvenile <\/em>form JV-500<\/a> to the local child support agency asking whether parentage has been established through any superior court order or judgment or through the execution and filing of a voluntary declaration of paternity.<\/li>\n
    3. The office of child support enforcement must prepare and return the completed JV-500 within 25 judicial days, with certified copies of any such order or judgment or proof of the filing of any voluntary declaration attached; and<\/li>\n
    4. The court must take judicial notice of the prior determination of paternity.<\/li>\n<\/ol>\n

      If there has been no prior determination of parentage:<\/p>\n

        \n
      1. Any alleged parent seeking custody must complete and submit the JV-505 Statement Regarding Parentage form.<\/a><\/li>\n
      2. To determine parentage, the court may order the child and any alleged parents to submit to genetic tests and proceed under Family Code 7550 seq.<\/li>\n
      3. The court may make a determination of parentage or non-parentage based on the testimony, declaration, or statements of the alleged parents. Any alleged parents must be advised by the court that if parentage is determined, the parent will be responsible for financial support of the child and for reimbursement of any benefits paid on behalf of the child.<\/li>\n<\/ol>\n

        If the court establishes parentage of the child, the court must sign Parentage\u2014Finding and Judgment (Juvenile) <\/em>form JV-501<\/a> and direct the clerk to transmit the judgment to the local child support agency.<\/p>\n<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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        Voluntary Declaration of Paternity\/Parentage<\/h2>\n

        If a Voluntary Declaration of Parentage (VDOP), using form CS 909, has been executed (by both parents) and filed with the California Department of Support Services, that declaration establishes the parentage of a child and has the same force and effect as a judgment of parentage by the court.\u00a0 For more information about establishing parentage\/paternity through a Voluntary\u00a0 Declaration of Parentage, please visit the California Courts website here.<\/a><\/p>\n

        Family Code 7613 (a) states that if a woman conceives through assisted reproduction with a donor not her spouse, with the consent of another intended parent, that intended parent is treated in law as if he or she were the natural parent of the child.\u00a0\u00a0 Failure to consent in writing does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that prior to the conception of the child, the woman and the intended parent had an oral agreement that both would be parents of the child.<\/p>\n

        Review Family Code section 7574<\/a> for more information regarding the Voluntary Declaration of Parentage (VDOP).\u00a0 Due to the fact that the VDOP (CS 909 form) must be witnessed and notarized, a blank copy cannot be obtained online.\u00a0 You can ask for the CS 909 form to be sent to you by mail by e-mailing askpop@dcss.ca.gov<\/u><\/a>, or you can get it at your county\u2019s local child support agency, registrar of births, family law facilitator at your local superior court, or welfare offices.
        \n        Here is a sample copy of CS 909<\/a><\/p>\n<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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        Types of Parents<\/h2>\n

        The following categories of parents are relevant to juvenile dependency court proceedings and are defined by statute and\/or case law in the State of California.\u00a0 As discussed above, the type of parent an individual is designated may afford differing rights and responsibilities in a juvenile dependency proceeding.<\/p>\n<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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        \n\n\t\t\t\n\t\t\tPRESUMED MOTHER<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

        A woman who gives birth with the intention of raising\u00a0 the child is conclusively the presumed mother even if she later abandons the child.\u00a0 In re D.S. <\/em>(2012) 207 Cal.App.4th<\/sup> 1088.<\/p>\n

        However, where the natural mother is dead, a woman may achieve presumed mother status when she is able to demonstrate that she has held the child out as her own child and accepted the child into her home.\u00a0 In re Salvador M. <\/em>(2003) 111 Cal.App.4th<\/sup> 1353.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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        \n\n\t\t\t\n\t\t\tPRESUMED FATHER (ALSO REFERRED TO AS PRESUMED PARENT)<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

        A presumed father\/parent is a person whom the law presumes to be the legal father\/parent of the child with all of the attendant rights and responsibilities.\u00a0 A presumed father\/parent may or may not be the child\u2019s biological father\/parent.<\/p>\n

        Family Code Section 7611<\/a> defines presumed father:<\/p>\n

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        1. The parents were married and cohabiting at the time of conception.<\/li>\n
        2. The parents signed a Voluntary Declaration of Parentage (see section above) or attempted to marry.<\/li>\n
        3. The presumed parent and the child\u2019s natural mother are (or have been) married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by the court.<\/li>\n
        4. The presumed parent and the child\u2019s natural mother attempted to marry each other before the child\u2019s birth by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and any of the following is true:\n
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          1. The child is born during the attempted marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.<\/li>\n
          2. The child is born within 300 days after the termination of cohabitation.<\/li>\n<\/ol>\n<\/li>\n
          3. The parents married after the child\u2019s birth and:\n
              \n
            1. The presumed parent is named as the child\u2019s parent on the child\u2019s birth certificate.<\/li>\n
            2. The presumed parent is obligated to support the child under a written voluntary promise or by court order.<\/li>\n<\/ol>\n<\/li>\n
            3. The presumed parent receives the child into his\/her home and openly holds out the child as his\/her natural child.<\/li>\n<\/ol>\n

              Presumed parents are entitled to reunification services if they request placement or custody of the child.
              \n              Welfare and Institutions Code Section 361.5(a)<\/a><\/p>\n

              A child may have more than one presumed parent.\u00a0 In such cases the court is required to weigh the competing claims and determine which claimant should be recognized as the legal parent.
              \n              Family Code Section 7612(b)<\/a><\/p>\n

              In an appropriate action, a court may find that more than two persons with a claim to parentage are legal parents if the court finds that recognizing only two parents would be detrimental to the child.
              \n              Family Code Section 7612(c)<\/a><\/p>\n<\/div>\n\t<\/div>\n\t\t

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              \n\n\t\t\t\n\t\t\t\u201cKELSEY S.\u201d FATHER\/PARENT <\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

              A \u201cKelsey S.\u201d father was defined in a California Supreme Court case, Adoption of Kelsey S. <\/em>(1992) 1 Cal. 4th<\/sup>816.\u00a0 A \u201cKelsey S.\u201d father is a biological father who (1) is prevented by the other or a third party from establishing a parent-child relationship and (2) promptly acts to assert the parent\/child relationship once the father knows or should have known of the existence of the child.\u00a0 To be considered a \u201cKelsey S.\u201d father, the parent must demonstrate a full commitment to his\/her parental responsibilities, emotional, financial and otherwise after discovering the existence of the child.\u00a0 Adoption of Kelsey S. <\/em>(1992) 1 Cal. 4th<\/sup>816; In re Hunter W. <\/em>(2011) 200 Cal.App.4th<\/sup> 1454.<\/p>\n

              A Kelsey S. father\/parent is entitled to reunification services and has the same constitutional protections and due process rights in dependency proceedings as presumed parents.
              \n              Welfare and Institutions Code Section 361.5(a<\/a>).<\/p>\n<\/div>\n\t<\/div>\n\t\t

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              \n\n\t\t\t\n\t\t\tBIOLOGICAL FATHER<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

              Even though a father may be biologically related to the child he does not have legal rights and responsibilities to that child in a juvenile dependency case.\u00a0 A biological father is entitled to notice of dependency proceedings and the right to appear in court but is not automatically entitled to reunification services.\u00a0 However, a biological father may be offered reunification services if the court finds that it would benefit the child to do so.
              \n              Welfare and Institutions Code Section 361.5(a)<\/a><\/p>\n

              A biological father is a father who is genetically related to the child but who has failed to take any steps to become a presumed father.\u00a0 Michael U. v. Jamie B. <\/em>(1985) 39 Cal.3d 787.<\/p>\n

              If a biological father appears promptly upon notice of the dependency case, he has the right to develop a relationship with the child.\u00a0 In re Julia U.\u00a0 <\/em>(1998) 64 Cal.App.4th 532.<\/p>\n

              When a biological father wishes to assert his paternity post termination of reunification services, he must file a Welfare and Institutions Code Section 388 petition and must show the court that recognizing his paternity would be in the child\u2019s best interest. \u00a0In re Vincent M. <\/em>(2008) 161 Cal.App.4th 943.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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              \n\n\t\t\t\n\t\t\tADJUDICATED PARENT<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

              An adjudicated parent is one who has an existing judicial determination that a parent\/child relationship exists.\u00a0 A paternity judgement does not establish presumed parent status but it may rebut a presumption of paternity in favor of another man.<\/p>\n

              An adjudicated father has established paternity so he is treated as a biological father. He may be granted reunification serviced but is not entitled to them if, and only if he can persuade the court that such reunification services will benefit the child.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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              \n\n\t\t\t\n\t\t\tALLEGED FATHER<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

              An alleged father is a man who may be the father but whose biological paternity has not been determined and who has not been found to be presumed by the court.
              \n              Family Code Section 7630<\/a><\/p>\n

              Alleged fathers have the right to notice of dependency proceedings, the right to appear before the court, and the right to assert their interest in the child by filing a Statement Regarding Parentage <\/em>form JV-505.\u00a0 An alleged father is not a full party to the case and does not have a right to custody or reunification services unless and until his parentage is established.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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              \n\n\t\t\t\n\t\t\tEQUITABLE PARENT<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

              An equitable parent is a non-biological parent who attempts to take full responsibility for the child but who is prevented from doing so by the mother or a third party.\u00a0 In the Jerry P. <\/em>case, the father supported the mother through her pregnancy and visited the baby every day while it was in the hospital.\u00a0 The baby was abandoned by the mother.\u00a0 CPS prohibited this father from bringing the baby home. He appeared at every hearing, sought presumed father status, completed parenting and CPR classes.\u00a0 On appeal, he was determined by the reviewing court to have done all the things required for a biological father to be a father with Kelsey S.<\/em> status. He had an existing familial relationship with the child; he demonstrated a loving, nurturing, parental relationship with the child; and he had been prevented from physically bringing the child into his home by a third party.\u00a0 In re Jerry P. <\/em>\u00a0(2002) 95 Cal. App. 4th 793.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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              \n\n\t\t\t\n\t\t\tDOMESTIC PARTNERS<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

              A registered domestic partnership is a legally binding contract entered into by two people who want to formalize their relationship without going through a marriage ceremony.\u00a0 Registered domestic partnership is available to all same sex couples and to a heterosexual couple if one partner is at least 62 years of age.\u00a0 Partners may register by filing the Declaration of Domestic Partnership <\/em>form NP\/SF DP-1<\/a> and submitting it with the appropriate fee to the Secretary of State.<\/p>\n

              If parents are in a registered domestic partnership when a child is born, the law assumes the domestic partners are the legal parents of the child.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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              \n\n\t\t\t\n\t\t\tADOPTIVE PARENTS<\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

              And, of course, a legal parentage is established by adoption.<\/p>\n<\/div>\n\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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              <\/div>","protected":false},"excerpt":{"rendered":"

              Parentage (aka Paternity) \u00a0 As early as possible, the juvenile dependency court must determine who are the legal parents of a dependent child\/youth. To be entitled to reunification in a dependency case, that parent must be a legal parent. If parents of a child are married, or in a registered domestic partnership when the child…<\/p>\n","protected":false},"author":29,"featured_media":0,"parent":182,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"class_list":["post-26546","page","type-page","status-publish","hentry"],"yoast_head":"\nPaternity \/ Parentage - Advokids: A Legal Resource for California Foster Children and Their Advocates<\/title>\n<meta name=\"description\" content=\"Paternity \/ Parentage - Advokids: A Legal Resource for California Foster Children and Their Advocates\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/adevine.io\/advokids-backup\/legal-tools\/paternity-parentage\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Paternity \/ Parentage - 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