The parent-child relationship is defined as the legal relationship between a child and his or her natural or adoptive parents. Under the law, this relationship confers or imposes rights, privileges, duties, and obligations. It includes both the mother-child and the father-child relationship.

 

The Uniform Parentage Act (UPA) abolished the legal status of illegitimate child in California. It broadly states that the parent-child relationship extends equally to every child and to every parent, regardless of the parents' marital status. With regard to children's rights, California law does not substantively differentiate between children on the basis of their parents' marital status. However, an unmarried father's rights may be less than those of mothers and married fathers. Unmarried fathers do not share the assumed presumption of parentage that married fathers enjoy. A presumption that is not connected in some way to marriage is the one arising from the father receiving the child into his home and openly holding out the child as his natural born child. It may now also arise simply by the execution of a declaration by the child's mother, and a man, who both agree is the child's father.

 

Only a presumed father has a right equal to the mother's regarding the custody, services, and earnings of a child. In some cases, the patenity presumption also determines whether a man has standing to bring a paternity action to establish his own paternity. This may affect determination of the parent-child relationship for purposes of intestate succession as well as a father's statutory rights regarding termination of parental rights and adoption.

 

The UPA provides for a judicial action to establish the existence or nonexistence of the father-child or mother-child relationship. Parentage may also be established by the Department of Child Support Services, representing the public interest, in a child support enforcement action. The Department of Child Support Services may also enter into an agreement with a putative father for entry of a judgment of paternity without action. Parentage may also be established in a juvenile court proceeding.

 

The Kirk & Simas family law legal team would like to help you when you need representation in a parentage action. Contact us to schedule a consultation.