Legal Question in Family Law in California

Illegitimate baby and custody issues

My sister in law had a baby with her live in bf (in CA). She is now in jail. Does he have to prove he is the father to legally gain custody of the child? He currently has physical possession of the baby. What if he's on the birth certificate? Since she is unable to take possession of the child at this time, who would take physical custody of the child until he is proven to be the father, if necessary? If the father is unemployed, will that hinder his abilities to gain custody even if found to be biological father?


Asked on 1/05/09, 9:05 pm

1 Answer from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: Illegitimate baby and custody issues

If he is on the birth certificate as the father, has lived with the child and continues to do so, then legally he will likely be held to be the father. To be certain, he can hire an attorney and petition for full physical and legal custody.

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Answered on 1/06/09, 5:03 pm


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