Legal Question in Family Law in California

Child Custody

Married 28 years, had a child not by my husband

The biological father's name of my daughter appears on birth certificate not my husband's name

I have been told by my physician I have terminal illness and only have 6 months to live maximum

I need to know if my husband has any type of legal rights to my daugther even though he is not the biological father

The child's father does not have an interest in our daughter and my husband does - I would really like for my husband to have custody of my daughter - Help please


Asked on 7/30/03, 4:49 pm

3 Answers from Attorneys

Dieter Zacher Law Offices of Dieter Zacher

Re: Child Custody

Three things. One, your husband can adopt your son. Please contact an adoption attorney through the Los Angeles County Bar Association Legal Referral Service. Second, your husband can file for "parentage". Meaning, he can ask a judge to order that he is the parent of your son and would have full custody. Third, your husband can become legal guardian of your son with the power to make all necessary decisions. We can help with parentage and guardianship. Thanks for inquiring.

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Answered on 7/30/03, 5:28 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Child Custody

Your husband currently does have some minimal rights under California law. He is recognized as a "de facto" parent. This means he has a right to be notified and participate in legal decisions affecting your child. However, in order for him to have all the legal rights that a parent of a child has, he needs to get a court order. Probably the easiest way would be for him to apply for guardianship. This would not make him the "father" of the child, but he would have all the rights that a parent has. It would be best if this action is taken while you can still provide your signature showing you consent to this guardianship.

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Answered on 8/01/03, 12:38 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Child Custody

first off, i would like to offer my sincerest condolences and sympathies regarding your health situation, and you and your family are in our prayers. as far as the legal situation you inquire about, please feel free to email me directly with your phone contact information, and we can offer you a free consultation/evaluation of you and your family's rights in this most delicate legal matter. we will do everything in our power to assist you here. once again, our prayers go out to you.

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Answered on 7/30/03, 5:02 pm


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