Legal Question in Family Law in California

I am going through divorce with my husband of 6 years. We have a daughter that is 7 years old. My husband did a private paternity test and found that he is not the father. This came as a surprise to me because even though there was an incident around the time of conception, I whole heartedly believed that he was the father. He is however, listed on our daughter's birth certificate as the father. In light of this information, he has completely began to neglect the needs of our daughter but insists that he should have custody. My question is how will him being the legal father but not the biological father impact the case if I decide to seek full custody of our daughter.


Asked on 1/14/10, 4:47 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

He has a choice; 1 deny paternity and file a motion with the court to be removed from the birth certificate and lose his custodial rights, or ; 2 he can request parental rights, which includes the responsibility of supporting the child emotionally, physically and financially.

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Answered on 1/19/10, 7:17 pm


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