Child Support for Unmarried Parents: Establishing Paternity and Your Legal Rights

California Child Support Recovery System | Justice Foundation

Unmarried parents have the same rights to child support as married parents — but establishing those rights requires first establishing legal parentage. Without a legal determination of paternity, child support cannot be ordered, and neither the child nor the custodial parent has access to any of the enforcement tools the law provides. Establishing paternity is the prerequisite to everything else.

The Two Paths to Legal Paternity

In California, legal paternity is established either voluntarily through a Declaration of Paternity (DCFS 1000) signed by both parents at the hospital or subsequently, or through a court order following genetic testing. A signed Declaration of Paternity has the same legal effect as a court order — once signed and registered with the California Department of Child Support Services, it establishes legal paternity without court proceedings.

If the alleged father disputes paternity or refuses to sign a Declaration, the custodial parent can file a petition in superior court requesting genetic testing and a judicial determination of paternity. DCSS can assist with paternity establishment proceedings at no cost, including arranging for and funding genetic testing when paternity is disputed.

Genetic Testing

Modern genetic testing establishes paternity with near-certainty. California courts can order genetic testing when paternity is at issue. The test typically involves a cheek swab from the child and the alleged father. Results showing 99% probability of paternity are legally conclusive in California. Courts can order the alleged father to submit to testing; failure to comply can result in a default finding of paternity in some circumstances.

Once Paternity Is Established

Once legal paternity is established, you can immediately seek a child support order through either DCSS or the superior court. The support obligation runs from the date of the original paternity establishment in some circumstances — meaning there may be retroactive support owed for the period between the child’s birth and the paternity determination. The Justice Foundation kit covers paternity establishment procedures and retroactive support requests.