Legal Question in Family Law in California
My nephew was briefly married. He and his ex-wife live California. When their child was born after the divorce was final, his ex-wife deliberately put father "unknown" on the birth certificate even though he was constantly at the hospital and the nurses there knew he was the father. When he found out he was not on the birth certificate, he did a DNA test and found out the child was definitely his. Now she is saying she makes the rules. She is now telling him when and under what circumstances he can see the child. He is frequently being denied his paternal rights. Her family was very opposed to their relationship because they are different races. His ex will not let him take his own child for visitation. He is totally willing to pay child support and does contribute to the support of his child. He loves his child. He is concerned that at some point she may deny him the right to even see his child especially since she is seeing someone else now. What can he do to get his name put on the birth certificate and ensure his legal rights as a father to have a relationship with his child and take legal responsibility for his child?
1 Answer from Attorneys
Your nephew needs to file and serve a petition for paternity along with a request for order to establish parenting time share