Legal Question in Family Law in California

Once he signed the declaration of paternity that put his name on the birth certificate, he had 60 days to repudiate it. Under some very unusual circumstances it can be challenged later, but you haven't mentioned anything that even begins to suggest that the exceptions might apply. That means he is the girl's legal father, even if he is not her biological father, essentially the same as if he had adopted her. In fact his legal situation is virtually identical to if he and the ex-gf had been married, adopted the girl and then divorced. Furthermore, in the unlikely event that he could challenge paternity at this late date, he would lose all rights to custody and visitation along with shedding the support obligation. They go together. You can't have parenting rights without support obligations, any more than a mom can file for support without sharing parenting. Lastly, the only serious chance of shedding the support obligation would be if the real bio-dad was found and either voluntarily or involuntarily by court judgment was made the legal father. In that case, however, he would get the parenting rights along with picking up the support obligation. The bottom line is that if your boyfriend wants to start a legal battle over this: a) he is very unlikely to win, and it almost certainly will forever damage his parenting relationship with the girls mother and quite possibly do irreparable damage to his relationship with the girl; and b) if he does win, he will lose all rights to any relationship with the girl at all. The choice is up to him; a really good lawyer might win the case - especially if the real bio-dad can be found - but is that really a win? If it were me, I would just accept her as if she were my adopted daughter and get on with being a great dad.

A lot of the case is going to depend on whether or not he signed a voluntary declaration of paternity. It would appear that he would be at least a presumed father under Family Code section 7611, subdivision (d). A man is presumed to be the natural father of a child if he "... receives the child into his home and openly holds out the child as his natural child." (Fam. Code, sect. 7611, subd. (d).)

Mr. McCormick is correct that visitation and support go hand in hand. Neither the mother or father can have it both ways. In other words, if he is deemed to be the legal father for support, he has a right to visitation, and if he is not the father, he does not have a right to visitation.