Legal Question in Family Law in California

If he is the father, he has rights. If he is not on the birth certificate, he may have to go to court to establish paternity first, but he has rights. Also, you cannot ask for child support without confirming he is the father. Once you do that, he has all the rights. And, no, you cannot file for child support when you are married, until you separate and either file for divorce or legal separation.