The California Affidavit in Support of Establishing Paternity is a legal document used in the state of California to establish the biological father of a child. It is a sworn statement that provides an individual's acknowledgement of paternity, thereby legally linking the father to the child. This affidavit is a crucial step in establishing parental rights, determining child support obligations, and ensuring access to medical and inheritance benefits. The affidavit can be used in various situations, including situations where the parents are unmarried, separated, or going through a divorce. In California, both parents have the right to establish paternity, either voluntarily or through court action. The affidavit process allows for a straightforward and efficient establishment of paternity without the need for court involvement, as long as both parties are in agreement. There are different types of California Affidavits in Support of Establishing Paternity, each serving a specific purpose. These include: 1. Voluntary Declaration of Paternity (GDP): This type of affidavit is used when both parents agree and voluntarily acknowledge paternity. It can be signed at the hospital after the birth of the child, at a local child support agency, or at the Office of Vital Records. By signing this document, the biological father's name is legally added to the child's birth certificate, establishing him as the legal father. 2. Confidential Information Form (CIF): The CIF is a separate form that accompanies the GDP. It collects personal and confidential information about the parents, such as their social security numbers and addresses, allowing the child support agency to enforce child support orders effectively. This form is used to protect the privacy of the parents involved. 3. Extended Family Affidavit (EFA): This affidavit serves as an alternative to the GDP when the biological father is unavailable or unwilling to sign. It allows a close relative, such as a grandparent or sibling, to establish paternity on behalf of the child. The EFA requires supporting evidence, such as DNA test results or other relevant documentation. Endorsing the California Affidavit in Support of Establishing Paternity is a significant step in ensuring the legal recognition of the biological father and safeguarding the child's rights. It is essential to consult with legal professionals or family law facilitators to understand the specific requirements and procedures relevant to each type of affidavit.
California Affidavit in Support of Establishing Paternity
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How to fill out California Affidavit In Support Of Establishing Paternity?
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FAQ
How Long Does a Father Have to Establish Paternity? California's paternity law does not have a statute of limitations on establishing paternity. However, if there are any doubts at all about the father's paternity, the courts may order a blood test up to two years after the child's birth.
You and the other parent can establish legal parentage for your child without going to court if you both parents sign a Voluntary Declaration of Parentage (VDOP) form and file it with the state. This form is usually signed at a hospital when a child is born. But you can sign it later.
The Declaration of Paternity (CS 909) form is only to be used by unmarried couples to establish the paternal relationship with the child. You must use the official triplicate form (photocopies are not acceptable) that is available through local child support agencies.
Either parent may request genetic testing before signing, but genetic testing may not be requested by the signer of a Declaration once it has been filed. Your local county child support agency can help you with genetic testing when paternity is unconfirmed.
A Voluntary Declaration of Parentage (or paternity) (a VDOP) is a government form two parents can sign to create a legal parent-child relationship between a child and parent. It's often signed at the hospital when a child is born, but it can be signed later.
A name on a birth certificate does NOT legally establish parentage. Only a court order or the Voluntary Declaration of Parentage (VDOP) establishes legal parentage. It's easy to establish legal parentage without going to court?and it's free!
However, the fact that a person's name appears on a birth certificate is not conclusive proof of paternity. Since there is no requirement that a father sign a birth certificate, a mother may list anyone whom she believes is, or wants to be, the father.
Parents may get a blank VDOP form from their local child support agency, local court (Family Law Facilitator), local registrar of births and deaths, and their local welfare office. Parents may also contact POP at askpop@dcss.ca.gov to request a blank form. The VDOP is not available electronically.