Legal Question in Family Law in California
My cousin is the mother of a 2 year old. The father on the birth certificate is NOT the biological father (she's looking into having a paternity DNA done). He does not have custody, nor are they married (legally or common-law). She wants to move out of state with the child. Does she need his permission?
2 Answers from Attorneys
It seems that the answer should be no, but due to California's ultra-liberal, left wing legislature, the answer is "Maybe." The next time you vote for a Democrat, think about it.
Politics aside, if he is on the birth certificate she and he have declared under penalty of perjury that he IS the biological father. Marriage is irrelevant. Unmarried parents are treated exactly the same whether or not they ever used to be married. You say that he has no custody, but that is too vague. Is it that there is a paternity, custody and support determination in place with zero custody to him, or there never has been any orders regarding care for the child, or does he have legal custody but no physical time? Without that information, Mr. Saltzman's comment is correct: the answer is "Maybe."
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