Legal Question in Family Law in California

How to remove my self,listed as father, from the birth certificate in California? Facts: married when the child was born (born sep 2011) however lived separately (moved out nov 2010, officially filed for divorce nov. 2011). I was presumed the father since we were still married, I didn't sign anything, however I found out I was on the certificate when I went to the vital records department yesterday. I took an at home test which is how I know I'm not the father, I know this test wont be held as evidence in court. How do I go about requesting court ordered testing to officially remove myself? I have an approved family law order so my ex and I have no contact. I assume I just file the three main forms (cover,summons and complaint) stating what I want in the complaint. Is it more complicated then that when it comes to paternity?


Asked on 2/02/12, 7:34 pm

1 Answer from Attorneys
Michael Schneider Family Law Center

Besides filing for a divorce, you would also want to file a paternity action. In that Paternity action, you would ask the court to make a finding of non-paternity. I would suggest that you do this immediately. Since you were not "co-habitating" with your spouse at the time the child was conceived or born, you do not qualify as a presumed father. On top of that, I would file an Order to Show Cause to have the court make a finding of non-paternity and to remove your name from the birth certificate. I would also suggest that you get qualified legal counsel to help you with this. Good luck!

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Answered on 2/03/12, 9:34 am


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