Legal Question in Family Law in California
Situation: I am non Bio Dad shown through DNA.
Had Child born in foreign country.
Raised, supported child and Mother 5 years in foreign country,
never was married to mother,
mother married another American brought child to U S without notice.
continued contact with child for 7 years phone calls
sent money, gifts etc. for those years which mother excepted.
had my name put on birth certificate in the foreign country {after mother left for the U S} by showing documents {baptism, hospital registration and more} where the mother used my sir name for the child and referred to me as the father.
I signed acknowledgement as the father, again after mother left, however it states I am the natural father.
I come to the U S and I am being denied visitation by the Mother and her now X husband who lives with the mother and my kid.
I consider myself the father as I raised my child with the mother for 5 years and for the reasons above. There is no other father that has come forward and frankly, I do not think the mother knows who it is.
What rights do I have? One attorney told me I will have a hard time with being recognized as the father and one said, no I will not.
One note: The DNA test was done over seas before the mother came to the U S, but still acted as if I was the father and so did the child as shown with Email correspondence
I am seeking visitation and joint legal custody.
1 Answer from Attorneys
The big issue I see is whether or not the court in the divorce proceeding has made a ruling that this other man is the legal father.