California, CA asked in Family Law for California

Q: My husband has a son that is a result of a sperm donation. He wants to have this child age 17 live with us now.

The boys mother has agreed that my husband can take him with us to another state as she can no longer handle him and wants him to have a better life. She has given my husband a handwritten notorized letter stating that she is acknowledging that my husband is the biolgical father and she gives him power of attorney to make decisions for this child,and states that she and my husband will share joint custody.This boys birth certificate does not show that my husband is the father and also shows that he retained his mothers last name. what legal forms do we need to have drawn up in this situation to make it easier to make legal decisions for this boy and also make sure that in fact his mother still has some legal responsiibility for him as his mother?

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1 Lawyer Answer
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
Answered
  • Santa Monica, CA
  • Licensed in California

A: I suggest you file a Paternity action on behalf of the father, and if the mother agrees, then you can file a Response, and/or a stipulated judgement of paternity which would make your husband the father, and a court could then make orders as part of the Stipulated Judgement allowing the father to take the child out of state.

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