Legal Question in Family Law in California

If a child father is trying to have custody but he is not on the birth certificate and is living in a different state of the child; what rights does he have?


Asked on 5/12/17, 9:50 am

1 Answer from Attorneys

He has the right to file a court proceeding to have the court decide whether he is actually the true father. The court will generally order DNA testing to make that determination. In the same proceeding he can ask that if he is proved to be the father, that custody, visitation and child support orders be made for the care and support of the child. That proceeding can be brought by anyone who lives in any state and has legitimate reason to believe he is the father of a child, but the proceeding must be brought in the state and county in which the child currently lives.

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Answered on 5/12/17, 6:12 pm


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