Legal Question in Family Law in California

You would have to file a petition for paternity, and have genetic testing performed. How you would know for sure that the child was yours, without doing a paternity test, is beyond me.

After filing the petition and getting the DNA test (requires hair sample from you and baby) you would have established paternity, to be sure. But, you will then need to develop a custody/support/visitation plan that will establish the respect rights and obligations of you and the mother with respect to the child. The courts will consider the best interests of the child throughout the proceedings...not just what you and mom might want. So, do not expect to get 100% custody of your son unless you can show that the best interests of the child are not being served by child remaining with mom at all. Issues such as real danger/safety/health would disqualify mom...or you. Also, as part of this exercise, expect that you might be asked to contribute to the financial support of the child even if mom retains primary physical custody. Your choices as to custody pertain to physical and legal aspects. You and mom can share both of these or you can share just one aspect. Consider all of this carefully and consider ALWAYS what is in best interest of the child.