Legal Question in Family Law in California

She cannot change his name without giving you the opportunity to appear and dispute it, though she might lie about being able to find you to serve you with the papers for the name change. So it is far better for you to be proactive. If you did not register a declaration of paternity with the state when the boy was born, you need to file a proceeding to establish paternity. Being on the birth certificate is NOT enough to establish fathers' rights. You must have either the declaration or a judgment of paternity. If you file the paternity petition, that would be the time to ask for a court ordered visitation schedule. If you have already recorded the declaration, then you need to file a separate proceeding to establish custody. Bear in mind that all this will put you on the hook for child support, so just be aware of that. The good news is that because it results in child support, the Department of Child Support Services will help you with all this.