---
title: Can Mothers Seek Child Support Without Establishing Paternity?
description: Can a mother seek child support without establishing paternity? Read our blog to get the answer!
---

[Cage & Miles Blog | Family Law ](https://cageandmiles-8398187.hs-sites.com/blog)

# [Can Mothers Seek Child Support Without Establishing Paternity?](https://cageandmiles-8398187.hs-sites.com/blog/2020/january/can-mothers-seek-child-support-without-establish)

 Written by [Cage & Miles](https://cageandmiles-8398187.hs-sites.com/blog/author/cage-miles) | Jan 20, 2020 8:00:00 AM

Are you an unmarried mother who wants to know if you can get the court to issue a child support order without establishing paternity? Or, are you being told that you’re a child’s father and now the mother is asking you to provide financial support for your child?

Either way, you may be wondering if the court can issue a child support order without [establishing paternity](https://www.cageandmilesdivorceattorneys.com/family-law/paternity-actions/) first – this is a reasonable question to ask.

Like all states, in California, when a child is born to married parents, the law automatically assumes the woman’s husband is the biological and legal father of the child. But when a child is born to unwed parents, the child has no legal father.

So, that brings us to the question about paying child support. Can the court order a man to pay child support without establishing legal [paternity](https://cageandmiles-8398187.hs-sites.com/family-law/paternity-actions/?hsLang=en)?

The answer is “No.” The family courts cannot issue child support or child custody orders until paternity is established.

<https://cageandmiles-8398187.hs-sites.com/hs/cta/wi/redirect?encryptedPayload=AVxigLLTPN3uqgLbZ1wDF53EQFRYQ%2BSduioZFc%2FW3cbnirrrCg4hnzQKljPQIiexywIWbO0xXJZdwE%2F0UIibN0cqlYxsGTfJzZcLZgQ%2BVT636K%2BnXFmn%2BVf708639Sn1Jdb6cRPQATS8yn33noNjQo3A1k5YVRLAMkMO45kljokjdQB60fmu298gD%2FeXecfwIjEAUJ6ibhnDVeGfNkQk1Cy1BVQ%3D&webInteractiveContentId=151505906299&portalId=8398187&hsLang=en>

## **How do I establish paternity in California?**

To [establish paternity](https://cageandmiles-8398187.hs-sites.com/blog/2015/september/filing-a-paternity-action?hsLang=en) is to establish a child’s legal father. In California, there are two main ways to do this.

1. The unmarried parents voluntarily sign a *Declaration of Paternity* form at the hospital shortly after the child’s birth.
2. Through a court-ordered DNA test.

No one can force you to sign a *Declaration of Paternity* form. Whether you’re the mother or presumed father, if you’re not 100% sure who the biological father is or if you have any doubt, you should ask the court for genetic testing to establish paternity. Eighteen or nineteen years is a long time for someone to pay child support for a child who is not theirs.

## What are the benefits of DNA testing to establish paternity?

Once paternity is confirmed, the mother can ask the court to make a child support court order and the child’s biological father can exercise his [parental rights](https://cageandmiles-8398187.hs-sites.com/family-law/father-s-rights/?hsLang=en), such as seeking [custody](https://www.cageandmiles.com/family-law/child-custody/) and visitation of his son or daughter.

If a mother is seeking child support, legal paternity has to be established first. While a presumed father can voluntarily give the mother cash payments, the court cannot get involved and the father technically has no legal rights until they establish paternity.

 

[View full post](https://cageandmiles-8398187.hs-sites.com/blog/2020/january/can-mothers-seek-child-support-without-establish)

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