Legal Question in Family Law in California
My ex boyfriend and I had a child and were not married. There was no declaration of paternity signed or his name on her birth certificate. But he did pay the rent on the apartment my baby and I lived in. And he had regular contact with her. In California law does that give him the same equal right to the child as the mother?
4 Answers from Attorneys
He can file a petition to have him declared as father, which would then give him parental rights. For further information, visit http://www.ellifritzlaw.com
Along with filing and serving a paternity petition, it would be a good idea to file a motion to establsh custody, visitation and support for the child.
The answers you have received are technically correct but let me clarify. The answer to your direct question is "no." Until he is legally declared the father in a paternity case filed by him or you, he has no rights. If and when he is legally deemed the father, however, he will have the same rights as the mother.
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