Legal Question in Family Law in California
Does my son's biological father have any rights even though he is not on the birth certificate and has not tried to establish paternity, visitation or custody at all?
He is now in prison for his second violent felony and my son is 3.5 years old and I want to terminate any rights he may have to ensure he can't come back in a few years and claim them. He hasn't contributed financially or otherwise to the child's life due to frequent incarceration and alcohol/drug addiction. Thank you.
3 Answers from Attorneys
The best thing to do at this stage( if you do not have a new spouse open to participate in a step parent adoption) would be to get sole legal and physical custody of your son and a no contact restraining order.
Agreed, also note that it has been 2 years since birth. It is too late to challenge paternity at this point. He won't win, but he could cost you money fighting him.
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