Legal Question in Family Law in California
My son is 10 years old. When he was born in 2000 I was married and my husbands name went on the birth certificate even though he is not the biological father,,,,at the time the biological father thought this was for the best. Now my husband and I are divorced and has not been apart of his life for 5 years. Well recently the biological father found me and wants his name to go on the birth certificate. How do I do this and what are the legalities over this matter and also child support? My son was born in Virgina and we now live in california and have lived in california since 2006.
1 Answer from Attorneys
This is a very complicated situation, not really suitable for a free public bulletin board question and answer format. Without researching the issues, however, I can tell you that I'm pretty sure having lived in VA for his first six years, and especially if your divorce case was in VA, which it sounds like it was, you needd to consult with an attorney in VA about this. I know CA has a short time limit for contesting or changing paternity from a husband to another man who is the biological father, once the truth is known. Since many of these laws are passed by states adopting Uniform Code proposals, there's a good chance VA has similar limitations. So don't delay.