Legal Question in Family Law in California

My associate is due to have her 1st baby any day now. The Father has indicated he doesn't want his name on the birth certificate. He may be present at the hospital for the baby's birth however. As this is a public place, can I use a memo recorder to record what happens in the lobby and hopefully get this guy to admit he's the father?


Asked on 3/19/12, 1:16 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

No. Recording people in California without their prior consent is illegal, and inadmissible in court as evidence. If he is the father, the mother can sue for paternity and get child support.

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Answered on 3/19/12, 1:21 pm
Michael Schneider Family Law Center

I would agree. The best answer is simply to file for Paternity, and, if there is any issue as to whether or not he is the father, then have a DNA test done. Good luck!

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Answered on 3/19/12, 3:30 pm


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