Legal Question in Family Law in California
If I am a single mother and the father is not listed on the birth certificate and there is no proof of paternity, do I have to file for sole legal/physical custody?
2 Answers from Attorneys
Well, custody and visitation orders are entered in either parentage (called "paternity") actions or dissolution of marriage actions. If you have custody of the child, you don't file anything. If someone else has custody, or contests your custody, then one of the parties would have to file a parentage action, and the paternity of the child would be a threshold issue. The failure to list the father on the birth certificate is irrelevant.
If you anticipate difficulties with the bio dad, it's better to go to court and establsh an order on custody and visitation. Parenting a child should not be a free for all waiting for disaster to happen.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
