Legal Question in Family Law in California

Birth Certificate

My soon to be ex wife and I were seperated when our son was born in July '05. I asked about singing the birth certificate and she said I didnt have to. Now I am concerend about my parental rights, does this affect it anyway? Can I ask the court to allow me to sign the birth certificate?

Asked on 4/17/06, 4:53 pm

1 Answer from Attorneys

KATHIE SIMMONS KATHIE SIMMONS
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Re: Birth Certificate

I have never heard of a father's rights being effected by signing the birth certificate. If you were married to the mother when she conceived the baby you are presumed to be the father. You list the child on your Petition or Response by name or as "unborn child" and request that the court make a custody order. I believe that you can get an order that you be able to be present when the child is born or see the child as soon as he/she goes to the nursery. You may also ask for overnight visits even if the mother is nursing since she can pump some milk for you to use. I personally find this to be kind of offensive and can't see how it's going to make co-parenting with an ex-spouse work well but if you are only concerned about your rights you have as much right to the baby as the mother.

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4/18/06, 4:43 pm

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