Legal Question in Family Law in California
parental rights
after having a relationship with a woman from oakland california she had a child which i accept is mine.i send her 325 dollars a month. she did not give the baby my surname and im not sure if my name appears on the birth certificate.my question, can i get her and the baby to take a dna test.and if the baby is mine insist that my name be put on the birth certificate.i visit the child every 6months and have contact with the mother when she sends me pictures etc.
4 Answers from Attorneys
Re: parental rights
You will need to file a paternity action against the mother in order to obtain a court order for a DNA testing then if the result was positive you will be able to proceed with visitation, change of last name, and will be able to establish your rights as the father of the minor child. If you need assistance please contact my office at 310-839-7700.
Re: parental rights
if you have been led to believe that this child is yours, and consequently you have been supporting the child but now believe or have reason to believe the child may not in fact be your own, not only are you legally entitled to paternity testing, but you SHOULD do so right away. ultimately, without doing such, you may end up financially responsible for a child that is not yours to begin thru legal theory known as adoption by estoppel depending on the circumstances here. if you would like a free phone consultation regarding the specifics of your case facts, email us directly with your contact information today.
Re: parental rights
Yes, you are entitled to a paternity test. You would begin by filing a complaint to establish parental relationship. As far as the birth certificate goes, it might be very difficult to change it. But this does not mean you would not legally be the father of the child.
Re: parental rights
All of that may be possible, however you need a good California attorney to review all facts/info and get this done for you.