Legal Question in Family Law in California

I had a child a year ago but i did not sign the birth certificate, i was there when he was born and i have been an active part of his life. There are doubts if I am the the father. Now the mother wont let me see him, when I said I want visitation right she said he was'nt mine and filed a restraining order on me, but she did'nt serve me, instead she said she wanted to work things out and I found these papers in her bag and took them. Now I just don't know what to do. I just want to be a good father for my son and give him as many oppertunities as possible. What steps should take and what should I do? Please help me with the information and what to do. THank you very much,

Derrick Brown


Asked on 10/26/09, 9:48 pm

1 Answer from Attorneys

You don't have a legal problem so much as a personal one. You have to decide a lot of things that aren't about the law. Do you want to be the father of this child if it is not yours? Do you want to be the father of this child even if it means a court fight with the mother? Do you understand that if you become the legal father of this child, whether or not you are the father in fact, you will be liable for child support for the next 17 years or so? Do you and the mother want to have a relationship going forward? If so, what kind? Can you and she co-parent effectively if you are not in a relationship? If not, how does that affect what will work between you and the child? The legalities are simple. You file an action to establish that you are the father. It's not a full blown lawsuit, and there are fill-in-the-blanks forms to get it started. www.courtinfo.ca.gov and look under the forms tab. But be careful getting the legal ball rolling until you know what you want and what will be best for you and the child.

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Answered on 11/01/09, 1:07 am


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