Legal Question in Family Law in California

You have not provide sufficient information to give an answer. It appears that your friend and the father were never married. Assuming that this is the case the first paper to be filed would a petition to determine paternity, and have a summons issued by the court. Both of these documents would then be personally served on the other party. After petition for paternity is served, or at the same time a motion or OSC for custody and visitation can be served. In any case it would seem unlikely that the papers were properly served.

Your friend should retain an attorney then then decide what action to take. It may not be worth the effort to dispute service. That decision should be after a consultation with an attorney and review of the paper work.

Mr. Johnson is wrong about the petition to determine paternity. If the child is five years old, he or she was born after the January 1, 1997 effective date of the law requiring a Declaration of Paternity be signed and filed, or a judgment of paternity entered, before the father can be listed on the birth certificate. Therefore, if the father is listed, paternity has already been established.

Mr. Johnson is entirely right, however, that it may not be worth it to contest service. Usually all you do is waste time and money contesting service if you have received actual notice of a proceeding with time to respond.

You also ask if the father has a chance of getting custody. If by that you mean sole custody, unless your friend is a totally unfit mother, it is almost impossible that he would get sole custody. Likewise, however, unless he is totally unfit to be a parent, he is very likely to get some custodial time. Your friend should respond with her declaration regarding his and her respective parenting, the father's lack of interest, and a recommendation for the court of her retaining custody and allowing him some visitation custodial time. She should also ask for back child support and going forward.