Bakersfield, CA asked in Child Custody and Family Law for California

Q: If the father isn't on the birth certificate and the baby has moms last name does that mean mom has full custody?

Or would she have to file for it?

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1 Lawyer Answer
Shahnaz Hussain
Shahnaz Hussain
  • Divorce Lawyer
  • Santa Ana, CA
  • Licensed in California

A: It sounds like the Father wasn't involved in his child's life from birth if the Mother didn't name him on the birth certificate.

But the facts may show that Father was taking care of his child since birth in which case it doesn't mean that Mother has full custody. So it is based on the facts of the case. There isn't a concrete answer to this question.

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