Legal Question in Family Law in California

My guess is that you can not get your name off the birth certificate as that is merely the mother's statement as to who is the father. I do not believe the father signs the certificate. If the mother agrees you are not the father, then you need to get a declaration from her to that effect and see if she can get your name off. If she does not do so, then you probably should hire an attorney to get a paternity test done. I am not expert in the field [although it probably would not take long to learn what can be done], but if available you might want some type of declaratory relief action from the court to prevent her from later claiming you are the father or having some welfare agency try to collect from you. Once any child support is ordered, then you are stuck with the payments ordered before you prove you are not legally responsible. If you are the mother's husband, there is a presumption that you are the father.

[not proof read]

You will have to prove that you are not the father. It may have to be done through a Paternity case, in which there will be a Paternity test ordered.

BARRY BESSER

www.besserlaw.com

Did you sign a voluntary declaration of paternity? If so, your name can go on the birth certificate. If you signed the Declaration, you will need to file a motion to set aside the Declaration. You need to act fast as there are time restraints on this. Good Luck