Legal Question in Family Law in California

My son is on the birth certificate of a girl that is 1 month less than 2 years old. Not married to the mother, but cohabiting. Mother is still married to another man. We are awaiting results of an admissible paternity test. If he turns out to not be the father, what does this mean in terms of his legal responsibility to the baby in California, if he decides to withdraw his position as legal father?

Asked on 9/28/21, 10:51 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

He would need to file a court proceeding for determination of paternity, seeking a court order that he is not the father and that a new birth certificate be issued without his name on it. He would use the paternity test as proof. Once that order is obtained, he would have no legal responsibility, but also no legal rights.

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Answered on 9/29/21, 2:33 pm

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