Legal Question in Family Law in California

Paternity Rights?

I am pregnant and the father of the baby is EXTREMELY abusive. I was just wondering what kind of paternity rights he has if I never put him on the birth certificate, paperwork, we were never married, etc? Can he ask for a paternity test? And what ways are there to keep him from being able to? Moving ot of state? Having someone else sign? Etc. I am even having to relocate because the police can't keep him away and he has broke into my house- I just know I have to protect my unborn daughter from ever being hurt. I don't trust the court system because they placed me with my father on weekends who was a drug abuser and even knocked my moms eye socket out- when I was younger.

Thanks in advance.


Asked on 5/21/07, 7:22 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Paternity Rights?

He has the right to DNA testing to determine if he is the father of the child. You can move anyplace you desire before the child is born. After the child is born the court in the State that he is born has jurisdiction to set child charing rights. If you would rather live out of state you should move before the child is born, otherwise California would have jurisdiction over custody and you would need to ask court permission to move the child. Finally, get an attorney to help you with this, it is very important. Good Luck, Pat McCrary

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Answered on 5/22/07, 10:48 am


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