Legal Question in Family Law in California

If there was no custody agreement in plc and the staff at the hospital my grandson was born at assisted the mother of the child prevent my son from being near his child so that the mother could leave with the child, can he sue the hospital for interfering with his parental rights?


Asked on 7/29/15, 11:36 am

1 Answer from Attorneys

From the way you phrase the question it appears that your son is not the husband of the mother, and he has no court order establishing him as the father. If that is correct, he has no legal parental rights to be interfered with. Only a man who A) is married to the mother, OR B) obtains either a voluntary joint declaration of paternity from the mother and files it with the state, obtains a court judgment of paternity, has any parental rights.

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Answered on 7/29/15, 1:05 pm


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