How To Establish Paternity During California Divorce

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This article is about establishing paternity during the California divorce process. This pertains to you if you had a child with your spouse before you were married. In particular, we are going to discuss an often missed issue when filing the Petition in your California divorce.

If you are getting divorced and had a child born before you were married, you will have to establish paternity. This is basically a fancy way of having a legal proceeding where the court says that the father, is in fact, the father.

The good news is that if you are getting a divorce, you can establish paternity during the same divorce process. You won't have to file a separate paternity action with the court.

What I want to discuss now is about filing the actual divorce Petition in California. When you fill out the Petition, you have to state certain statistical facts such as the date of marriage, date of separation, who gets legal and physical custody, etc.

What a lot of people miss checking off is the box on page 2 of the Petition under number 7(d). It says"

Determination of parentage of any children born to the Petitioner and Respondent prior to marriage