Legal Question in Family Law in California

It depends on whether or not he is legally recognized as the father. Some people call this "on the birth certificate" though that isn't really accurate. Have the two of you ever either registered him as the father by signing and filing a declaration of paternity, or has he ever been adjudicated to be the father in a paternity case? If yes, then you need his consent or a court order. If he has never been formally named as the father on state, county or or court records, then no.