Legal Question in Family Law in California
my sister just had a baby, the "father' is not on the birth certificate, and the baby is in the NICU, he's threatened to take her once she could be released, can he legally sign her out of the hospital once shes ready to be discharged.
Asked on 8/10/11, 9:26 am
2 Answers from Attorneys
James Goff
James R. Goff, Attorney at Law
If the "father" has no legal determination of his connection to the child he is not at liberty to check the child out of the hospital. He needs a court order or a parental determination. However, his taking responsibility for the child goes a long way to a parental determination.
Answered on 8/10/11, 12:38 pm
Unless the father and mother are married OR they BOTH sign the statutory voluntary paternity declaration, the bio-father has no legal-father rights whatsoever until a court determination of paternity.
Answered on 8/11/11, 2:04 pm
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