Legal Question in Family Law in California

My boyfriend lives in Texas and we are having a child within the next couple of months. Though he travels here every couple weeks while we are awaiting his transfer we are obviously concerned that he will not be immediately present at the birth of our daughter since the flight is 3 1/2 hrs and the drive from nearest airport is 1 1/2 hrs. Can we do a Declaration of Paternity (or have one drawn up),then get notarized,submitt to Family Law Division in County Court so that his name will be present on the original birth certificate instead of later having to do an amended. We would prefer it on original.


Asked on 9/13/10, 11:29 am

1 Answer from Attorneys

He does not have to be present at the birth to sign the declaration of paternity. It just has to be done before you leave the hospital in order to avoid having to amend the certificate. You may also want to talk to your OB/GYN about options to control the timing of the birth to make sure he can be there.

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Answered on 9/21/10, 2:38 pm


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