Legal Question in Family Law in California

Your son does have a right to have a relationship with his father. Consider filing and serving a paternity petition and a motion to establsh custody, visitation and support.

While I TOTALLY agree with Ms. Kock that your son's rights are paramount, not the father's or yours, here is the LEGAL status of your situation: If you and the father are unmarried and did not sign and file a CS909 form, Voluntary Declaration of Paternity, then your child has no LEGAL father at this time, meaning his biological father has no LEGAL rights. At any time, however, you, the bio-dad, or anyone authorized to act on the child's behalf, can file a petition to establish paternity. That will essentially automatically result in a DNA test of the child and alleged dad (CSI style cheek swabs are all it takes these days). Once the tests show he is the dad, then the law will start treating you exactly the same as a divorced couple - as far as the child is concerned. So you will have the same rights and responsibilities as divorced parents, meaning you will have to agree on a custody, visitation and child support plan, or the court will have a hearing and order one for you.