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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26352
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I want to be put on my child's birth cert but was told that

Customer Question

I want to be put on my child's birth cert but was told that because the mom is married to someone else she can't sign the paperwork saying I am the father.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Can you explain the situation? Did the women have an affair with you while she was married?

Customer: replied 1 year ago.
No they have been seperated for about 11 years just Not legally.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. The law will presume a person is a child’s other parent under the following circumstances (unless proved otherwise to a court). For example, John will be presumed to be the child’s other parent if:

  • He was married to the child’s mother when the child was conceived or born;
  • He attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the “marriage”;
  • He married the mother after the birth and agreed either to have his name on the birth certificate or to support the child; or
  • He welcomed the child into his home and openly acted as if the child was his own. This concept is called “parentage by estoppel” and means that the court can find that a man is the legal father, even if he is not the biological father, if he has always treated the child as his own.

There are 2 main ways to establish parentage when the child’s parents are not married:

A voluntary Declaration of Paternity is a California governmental form that, when signed by both parents, establishes them as the legal parents of the child. The form must be signed voluntarily. No one can force either the father or the mother to sign the form. The purpose of the Declaration of Paternity is to officially and legally establish who the father of the child is when the mother and father are not married to each other.

A properly signed Declaration of Paternity has the same effect as a court order establishing paternity for the child, without anyone having to go to court.

Once the declaration is signed, the form must be filed with the California Department of Child Support Services Paternity Opportunity Program (POP)in order to be effective.

However, since she is still married, this is likely a situation whereby you need to proceed through the court and establish paternity and then the court can order that you be named on the birth certificate.

Expert:  FamilyAnswer replied 1 year ago.

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