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.


Asked on 5/03/14, 4:48 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 5/03/14, 8:04 pm


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