Legal Question in Family Law in California

1. Your name cannot be simply taken off the birth certificate without a court hearing in which you are noticed and given a chance to fight it. Also, they would need to have the bio-father step in, if your name was ever taken off. Also, depending on the age of the child, it may be impossible now to take your name off.

2. You can assert your parental rights and attempt to take custody over the maternal grandmother by filing for custody. Your rights are superior to grandma's rights.

3. If you assert your paternity, then you take the chance of possibly having to pay support. With the rights come the responsibilities.

I would highly suggest that you get very competent family law legal counsel in the area the case is to be heard. Good luck!

You have two years in California to fight paternity. If your daughter is 3 years old, my question is when did you learn you were the named father on the birth certificate? If you learned that you were the named parent at your daughter's birth, in my opinion you would be too late. However, since I am not looking at any documents and do not have the ability or opportunity to ask you any questions I suggest you take the documents and paperwork you have to a family law attorney and discuss it with them. You need to hurry because, if you have not passed a deadline, you may be fast approaching one.

Mr. Schneider's answer is correct. A father's right to custody is generally superior to a grand parent's right. The courts have a preference for keeping children with their parents rather than with their grand parents. However, if you assert your parental rights it would be difficult to argue you are not the father while keeping a straight face. You need to make a decision and you need an attorney. This is something that will have long lasting effects and asking this type of question and using the information you receive here to make a decision is a mistake. Make an appointment with a family law attorney and discuss the situation. Know your options and know the pros and cons before making this type of decision.

If you would like to contact our office you can contact us through our web site at www.brianmcginitylaw.com .

Good luck