Legal Question in Family Law in California

My brother just had a kid with his ex girlfriend on the 2nd. He's been with her every step of the way. And he's been at the hospital every minute they will allow him during this Covid-19 disease. Her family has talked her into not having him on the birth certificate (had him escorted out by security to do so) and is now trying to ban him from seeing his daughter in the NICU (she had respiratory issues, blood sugar issues, and had swallowed her own fecal matter). The ex girlfriend during this pregnancy had wanted him there, wanted him to be a part of his daughters life, they were going to coparent and everything. But during their time in the hospital, the ex girlfriends parents made a bunch of stipulations saying "if you put him on the birth certificate, don't even think about coming home. If you let him see his daughter, we will get rid of all the baby stuff you have and return it to the store and leave you on the street." And a bunch of other ultimatums leaving her in a state of mind as though she has no other options but to push my brother out of this kids life. Her parents are emtionally/mentally abusive (sometimes physically from the dad). I don't know how to help my brother or what rights he has now that he is not on the birth certificate. We're afraid he will no longer be able to have contact with his newborn daughter the moment she is released from the hospital. What can we do?


Asked on 4/07/20, 10:34 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Your brother should petition the court to establish his parental relationship to his daughter. That petition is called a paternity action. You can also file a motion under that action to establish custody and visitation. He should meet with an experienced family law attorney to explore his legal options.

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Answered on 4/07/20, 2:11 pm


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