Legal Question in Family Law in California

Parental Rights

I got married to a wonderful man in May 2001. We had our son in October 2001. Come to find out in June 2002 that my husband is not the biological father of our son.(DNA test) It was always assumed that he was, and his name is on the birth certificate and everything. We lived in Virginia and that was where my son was born, but moved to California in Nov 2001. The biological father of my son does not wish to have any thing to do with my son, but won't sign over his parental rights. He says that he will, but I haven't seen anything so far. I was reading something about after he knows and if he doesn't claim parental rights within 30 days then his rights are terminated. The biological father is in college right now, but mentioned once that when he got out he would try to get full custody of my son when he has the money. I don't want this to happen. We got the results in the beginning of July of 2001 and to date he has done nothing. Does he automatically lose his parental rights or what? He won't respond to emails and he doens't want anything to do with us...I just don't want him to come back in a couple years and want custody of my son.


Asked on 9/10/02, 5:34 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Parental Rights

No he doesn't automatically lose his parental rights. However, he may not have standing in a California court to bring a paternity action. The problem is that California law may not apply, but Virginia law, or the law of the State where the child was conceived. Also, a recent court case stated that if we know who the father is, the statute should be ignored to enforce the facts as we know them. So the answer to your question is very much open and no one can give you a definitive answer under California law. You may wish to check with a Virginia attorney who could advise you what the bio father's rights are in that State. Unless the child was conceived in California or California has some significant contact with the bio father, California lacks jurisdiction over the father. Good Luck, Pat McCrary

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Answered on 9/10/02, 7:18 pm


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