Q: Father not listed on birth certificate, does he have any custody/visitation right?
He is court ordered to pay child support, child paternity not confirmed through court, child is turning 2 soon.
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- California
- (916) 704-3009
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- Answered
A:
Under California law, if a father is not listed on the birth certificate and paternity has not been legally established, he does not have automatic custody or visitation rights. However, he can take steps to establish paternity and seek custody or visitation:
1. Voluntary Declaration of Paternity: If both parents agree, they can sign a Voluntary Declaration of Paternity (VDP) form, which legally establishes the father's paternity.
2. Court order: The father can file a petition with the court to establish paternity. If the court determines that he is the biological father, he can then seek custody or visitation rights.
3. Genetic testing: If there is a dispute about paternity, the court may order genetic testing to determine if the man is the biological father.
It's important to note that being ordered to pay child support does not automatically grant custody or visitation rights. Child support and custody/visitation are separate legal issues.
To obtain custody or visitation rights, the father must first establish legal paternity. Once paternity is established, he can then petition the court for custody or visitation. The court will make a decision based on the best interests of the child, considering factors such as the child's relationship with each parent, the parents' ability to care for the child, and any history of abuse or neglect.
It's recommended that the father consults with a family law attorney to understand his rights and options under California law.
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