Legal Question in Family Law in California

if the birth father is not on the birth certificate and didn't sign any papers in the hospital do i need to file for sole custody if he is threatening to file for sole custody of our son?


Asked on 1/13/11, 4:12 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

Birth certificate and not being on the certificate does not mean that the father has no rights to the child. It's best to get the paternity issue sorted out early on so that the child can be able to have some relationship with the father and you can start receiving child support from the father. Since you are the primary caretaker, it would be difficult for him to take sole custody from you, but he would be entitled to visitation with the child.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com

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Answered on 1/25/11, 5:50 pm


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