Legal Question in Family Law in California
My sister got pregnant 8 years ago and got married before she gave birth to my niece. Her husband is the father on the birth certificate not only because they are married, but because he wanted to take full responsibility of the child. He treats my niece like his own and as a matter of fact, my niece is a daddy�s little girl.
Now, the biological father wants to see and even get my niece. Can he do this? Can my sister fight so that the biological father is out of the picture? Does she have a case?
3 Answers from Attorneys
If the biological father has at this late failed to establish a relationship with the child, he is unlikely to win any rights. Yes, your sister can fight it and yes she has a strong case.
You can refuse and file a pre-emptive paternity suit to terminate any parental rights he may have, or, wait for him to file and respond with the same request. Contact me directly.
I am sorry to be late, but your sister does not want to file an action to possibly create rights that were not existing. At the current time your sister's husband is the father of the child. It is possible that the sperm donor may obtain rights, however, unlikely. Your sister should not agree to any contact, visitation or parental rights to the sperm donor without a court order. She needs an attorney if the sperm donor files an actions or bothers your sister. Good Luck, Pat McCrary
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