Legal Question in Family Law in California

my name is on a child's birth certificate that I now know t is not mine. the mother refuses to tell anybody and I want my name all of the birth certificate. the child is 10 then we are in california


Asked on 6/04/11, 2:42 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

You cannot remove your name from the child's birth certificate. There are other bigger questions. Did you sign a declaration or acknowledgment of paternity? Has a paternity action been filed. These are more important questions that raise major legal issues. You should talk to an attorney to understand your rights and obligations. Good Luck, Pat McCrary

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Answered on 6/04/11, 9:09 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCrary. The birth certificate does not prove paternity. The issue here is whether you have signed a voluntary declaration of paternity, or received the child into your home and held him or her out as your child, or whether a court has found that you are the father. There are different time periods that apply to these situations.

I suggest that you speak to an attorney, at length, to determine what rights and remedies you have.

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Answered on 6/06/11, 9:06 am


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