California  |  Family Law

Legal Question

Asked on: 1/11/06, 8:19 am

Paternity rights

I am writing in regards to a situation my son has got himself into; in hopes of fixing this and doing the right thing.(now)

He feels very strongly he is the biological father to a baby boy created from ''year of irresponsible playing around'' And not at all a ''girlfriend or relationship situation.

He is more than willing to accept take resposibilities for his action. So much, that he wants to have custody....because she is not mother material, and doesn't have the interest either. However she will and has already proved she is going to play games...all this child's life, which my son wants to stop it before it starts and raise his son. (if it he his son) Physical characteristics and she also admits, the baby is my son's. But she didn't put anyone on the birth certificate. So she is playing ''Control Freak'' and at the same time...NOT giving the baby love and caring that he needs....my son wants to do this with all his heart....IF he is indeed the father.

What is the first step for him at this point....the baby is not even 2 weeks yet and this situation needs to be fixed immediately for the baby boy sake. Suggestions?

Advice? For a speedy established case?

4 Answers


Answered on: 1/11/06, 12:44 pm by Mona Montgomery

Re: Paternity rights

Go to the hospital and file a "Voluntary Declaraton of Paternity." They will probably ask for DNA which you will give them. This is only one step in a litigation process that will involve your son filing a "Motion to Establish Paternity" but I thought I would pass it on.


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Mona Montgomery, Attorney at law P.O. Box 10807 Glendale, CA 91209

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Answered on: 1/11/06, 4:25 pm by Donald Holben

Re: Paternity rights

It appears his heart and actions in right place, but he should do paternity test to make sure and to protect himself and child, then take action to establish paternity.


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Donald R. Holben & Associates, APC 5030 Camino de la Siesta, Suite 350 San Diego, CA 92108

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Answered on: 1/11/06, 5:39 pm by H.M. Torrey

Re: Paternity rights

We definitely empathize with the overall situation and deeply commend you and your son for wanting to a responsible, involved father, unlike so many others out there unfortunately. To answer your questions in a nutshell, the first legal step here would be to have a paternity test done, and thereafter all parental rights will stem from the results and court proceedings. If you/your son would like prompt, effective, affordable legal assistance in this matter, contact us directly today for a free phone consultation.


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The Law Offices of H.M. Torrey 800 West El Camino Real, Suite 180 Mountain View, CA 94040

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Answered on: 1/12/06, 12:38 am by Lyle Johnson

Re: Paternity rights

He should file a petition to establish paternity and request a dna test. If the child is his then he can petition for custody. He needs to make preparations for taking care of a child.


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Bedi and Johnson Attorneys at Law 152 N. Third Street, Suite 550 San Jose, CA 95112

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