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Establishing Paternity: Biology's Role in Child Custody and Support

A Summary from Blake & Associates Law Firm

In a modern day example of how truth can be stranger than fiction, there is a growing number of child custody and support cases where few things are cut and dry, including paternity. This poses some difficulty in establishing child custody and support, because neither can be determined until this foundational information is determined.

By John Griffith
Updated: November 24, 2016

In situations where a child's paternity may be in question, the Courts will attempt to decide what is best for the child, regardless who the biological father is. Under California law, If the child is born to a married woman, the husband is presumed to be the legal father even if he is not the biological father. Any questions of custody, visitation, and possible child support will be answered only by a paternity test and then only within two years of the child's birth.

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