Recognized Father. The acknowledged father is a natural father of a child born to unmarried parents, for whom paternity has been ascertained by whichever the acknowledgement of the father or the agreement of the parents. The recognized father is obligated disburse child support.
Assumed Father. If any of the following are correct, the man is believed to be the father of the child, unless he or the mother shows otherwise to a court:
- The man was married to the mother when the child was conceived or born, though certain states do not deem a man to be a presumed father if the couple has split.
- The man tried to marry the mother and the child was conceived or born during the effort to marry.
- The man married the mother following the birth and concurred either to have his name on the birth certificate or to care for the child.
- The man embraced the child into his home and willingly held the child out as his.
In certain states, any of these assumptions of paternity is deemed final, which means it cannot be refuted, even with conflicting blood tests. In Michael H. v. Gerald D., 491 U.S. 110 (1989), the U.S. Supreme Court upheld California's presumed father statute as a rational method of protecting the integrity of the family against disputes based on the due process rights of the father and the child.
Proving or disproving paternity is not always certain. One should always consult with a family law attorney experienced in dealing with paternity cases. If you are in need of a paternity attorney in Orange County contact us. We are competent family law attorneys whom practice in all areas of family law. Located across the street from Tustin City Hall and Tustin Police Department. Our family law firm is well known and respected; therefore, you can rest assured your legal needs will be protected.