Legal Question in Family Law in California
Paternity
I recently found out I have 6 month old child, by a women I had a brief encounter with. I have taken a DNA test to confirm I am the Father. The mother has another man on the birth certificate and paying child support. His attorney contact the mother and stated he wants to maintain his custody. Is this possible if I am th biological father of the child? I want to establish my rights as the child's father and became a part of his life asap, considering I already missed the first six months. How do I do this? Can the current legal father retain custody of a child that is biologically mine?
2 Answers from Attorneys
Re: Paternity
Since the previous action did not give notice to you, you may proceed to set that judgment aside and assume your role as father of the child.
That is unless the mother was married to the father named on the birth certificate and in that case there may be other problems. You should seek the assistance of a family law attorney as the issues can be complex. You should also be prepared to pay child support. Good Luck, Pat McCrary
Re: Paternity
You need to file a paternity action and join the "legal father" as a party. The law does not simply say that the biological father wins, the "legal father" can try to show that it is in the best interests of the child that he be deemed the father, and your rights can be terminated. The factual key is moving quickly and attempting to establish a relationship with the child, to hold the child out as your own and welcome the child into your residence to the extent possible.
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