Legal Question in Family Law in California

Does a single dad in California, cohabitating with the mother and child, have any rights? For example, can the mother take the child far away for an unspecified period of time, if the father objects?


Asked on 8/22/09, 6:01 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Unless there is a determination that you are the father you have limited rights. Your paternity can be established by signing a declaration of paternity at the time the child is born, or later by a judgment of paternity. Mother can take the child to another area when and for as long as she wishes. Her taking the child to another place can be restricted only by a court order.

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Answered on 8/22/09, 9:03 pm
Fred Begun Law Office of Fred C. Begun

Your question is one addressing Paternity, or rights of the father. You should consult with an attorney in the county where you live, as that is where you may need to go to court.

You do have rights, but those rights must be verified and proven to you, if you are the father. You may begin establishing rights if you have been identified on the child's birth certificate. You can grow those rights if you sign a declaration of paternity with the hospital or later. You may have to go to court to establish paternity, and get a court to declare you the father, by a court ruling, a Judgment of Paternity. This can be by consent of the mother and father, or may entail genetic paternity testing. These later functions are usually sought only after the relationship is falling apart.

The mother can take the child and go where she wants as her "rights" to the child are presumed at birth, but a father's "rights" may have to be established. If there is some action or intent to move without your agreement, that is the time to go to court to create those rights. You can get assistance through Legal Aide, or you can seek an attorney at that time.

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Answered on 8/25/09, 5:37 pm


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