Legal Question in Family Law in California

No father listed on Birth Certificate

Can a father file for full legal & physical custody in state where minor child is temporarily staying, when no father is listed on the birth certificate & no paternity established? Can state enforce a TPO preventing Natural mother from bringing child back to home state?


Asked on 12/14/06, 5:27 pm

1 Answer from Attorneys
Anita Webster Webster & Associates

Re: No father listed on Birth Certificate

You have to bring a Paternity Motion to establish that you are the child's father--you don't have any rights to the child until you establish paternity. The child's home state is the state where the child has resided in the preceding 6 months, that is the state with jurisdiction to decide child custody matters.

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Answered on 12/15/06, 12:59 pm


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