Legal Question in Family Law in California
In dec 1999 my son was born, I met him in may 2000. In 2000 I got dna test and hes mine.I tried to add my name to the birth certificateIn 2001 but it was turned down as it was not knoterized or signed before a county recorder. I went to court in 2003 and established paying child support. In 2010 my son became award of the state of CA due to his step fathers physical abuse. It has taken me about 16 months to prove this to the court and get rights as a presumed father. the mother is not willing to put me on birth certificate at this time. the case is set to close In november and my son has been returned to his mother and step father. how can I now put my name on the birthcertificate and in the november court comming up a family law order will be written up, is this something this court can help me with birth certificate or will I have to go a different way?
2 Answers from Attorneys
The birth certificate is not the magic paper it once was. Why are you paying child support unless you have been adjudicated to be the legal father? You need to go talk to a family law facilitator or self-help office at your local Family Court and have them explain where you stand and what you need to file.
I agree with Mr. McCormick. Something here is not right. An adjudication of paternity is a prerequisite to an order of child support. If you have been adjudicated the father, you should have had the right to appear and to have a lawyer appointed in the dependency proceedings.
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