Legal Question in Family Law in California

file for custody or just remove father from birth certificate

I am an unmarried mother of a 7 yr old. The father was listed on the birth certificate, but paternity was never established. He did not sign an 'acknowledgment of paternity' nor did I ask for genetic testing. The father has not been involved, mostly by my choice due to his abusive past. (The abuse was never documented)

I am trying to take a carribean cruise, and due to immigration laws, I must either have a notarized letter granting his permission to take the child out of the country, court papers declaring custody, or a birth certificate with no fater listed. A notarized letter is not possible, as I do not know where the father is. Would it be easier to file for custody or remove the father's name from the birth certificate? Would I be able to do either option myself, or would I need an attorney?


Asked on 2/15/03, 1:57 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: file for custody or just remove father from birth certificate

You can file a paternity action. He may stipulate to sole legal and physical custody. You could do this yourself, but there are many pitfalls. You might want an attorney who is familiar with paternity actions to prevent you from making mistakes and to move the process along faster. Good Luck, Pat McCrary

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Answered on 2/17/03, 3:15 pm


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