Legal Question in Family Law in California

California bio Father learned he has a 2-yr old son. DNA proof. Mother's husband is on birth certificate. CA bio father pays child support and sees son regularly. Mother's husband is now divorced and also pays child support. CA bio father has seen 3 attorneys that say he has no legal rights. Mother uses blackmail i.e. you can see son if pay extra $300. What can be done? Mother refuses to allow bio father to get onto the birth certificate. Diviorced husband would like to get off the birth certificate and stop paying child support.


Asked on 9/27/10, 7:53 am

2 Answers from Attorneys

Gary R. White Burton & White

You should see another attorney who is knowledgeable in paternity and family law.

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Answered on 10/04/10, 9:26 am

Bio dad has rights IF he acts quickly. There is a presumption that the husband is the father, but it can be challenged. It won't be cheap, but no where near as expensive as a divorce. It also happens that I know the Family Law commissioner in Sacramento and he strongly favors having bio parents be the legal parents. But bio dad must act quickly because there is a limited time after discovery of paternity to act.

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Answered on 10/06/10, 11:42 pm


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