Legal Question in Family Law in California
child custody
My son has twin daughters 6 1/2 months old. His name is on the birth certificate. He wanted to get residial custody of the girls, because they would be in a better home with him. He had to get a DNA test, the results came back they are not his. From birth he has been there father. I was there full-time day care provider, so both of them could work, he had them every other week-end and two week days, when she wasn't throwing one of her little fits. If we were to convense her to sign over custody, would it hold up in court if she changed her mind, him not being the biological father? Or is this something that we have to walk away from, and try and get over?
1 Answer from Attorneys
Re: child custody
There are some complexities as the biological father has rights. However, if he were to file a paternity action and both parties were to admit paternity he would be established as their father. The short answer to your question is yes, it is possible. You should have this done by an attorney to make sure that it is done correctly, or you could have problems later. Good Luck, Pat McCrary
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