Legal Question in Family Law in California

I am pregnant with a guy who lives in Las Vegas, Nevada. I live in California. After the baby is born he wants to be involved with the child's life, and tell the child he is the father. I do not want to do that, because I am going to ask my ex husband to raise this child together, even want to put my ex husbands name down on the birth certificate. I offered the guy in Neveda to raise this baby together, or at least try to, he out right refused. He said he will take me to court. Is there a law regarding this? What will be the outcome. I am trying to build a stable home and environment for this child.


Asked on 2/13/13, 7:04 am

1 Answer from Attorneys

If he is the biological father and he does not want a relationship with you, whether co-parenting or whatever, you can't force him to. California will have jurisdiction over the child based on where the child is born and will be living. So the guy will have to file legal proceedings in California, or if he tries NV, you can easily get them dismissed or transferred to CA. Once he files to establish paternity, however, the process is pretty automatic and you will only have made it more complicated and expensive, and potentially risk your side of the case if you knowingly lie about who the father is on the birth documents. The court will order genetic testing in every case unless the petitioner/alleged father can be shown clearly to be lying. Such as if you were in Europe the entire time the child could have been conceived and the father was in jail in NV. Once the testing shows he is the father the legal rights and responsibilities that kick in as far as child custody, visitation and child support, are exactly the same as if you had been married and got divorced. You obviously won't have all the community property and spousal support issues, but the child and parenting issues are handled exactly the same as in a divorce.

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Answered on 2/13/13, 10:53 am


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