What legal rights does the mother have in a paternity case?

In California, the mother of a child always has legal rights in a paternity case. When a child is born, the law presumes that the father is the child’s biological father. The mother has the right to dispute this presumption and request that a paternity test be administered to conclusively determine who the child’s biological father is. The mother has the legal right to maintain custody or to have the father assume responsibility for the care of the child. The mother also has the right to seek child support payments from the father for the care of the child. This includes support payments for medical, educational, and other expenses related to the child. The mother can also request the court to name the child’s father on the child’s birth certificate. Furthermore, the mother can ask the court to grant her child rights that are typically given to children whose fathers have been identified. These rights include inheritance rights, Social Security survivor benefits, and accident insurance benefits. Additionally, if the mother has not married the child’s father, she can request that the court grant her legitimization rights. This grants her sole legal and physical custody of the child, and also grants her the right to have the child’s name changed to her own last name.

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