How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Family Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
12711280
Type Your Family Law Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

My name is, my niece has a 11 month year old daughter and

Customer Question

hi my name is ***** ***** niece has a 11 month year old daughter and the father denied paternity since she told the boyfriend that she was pregnant. Now that the baby is 11 months the father took a paternity test in mexico and wants his name on the birth certificate. My niece is now receiving cash aid and food stamps and she also opened a case
with child support in Arizona where she resides. My niece wants to move to Sacramento with the baby but the child support is telling that if she does not sign a document to add the last name of the father to the birth certificate than she can no longer receive government assistance.
Submitted: 5 months ago.
Category: Family Law
Expert:  Delta-Lawyer replied 5 months ago.

I hope this message finds you guys well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today.

Unfortunately, that is the law....if the father is known, he is supposed to be on the birth certificate of the child for either parent to avail themselves to government assistance. The reason for this is so that the government can locate both parents, and it is in place to cut down on govt. assistance fraud.

What she can do is file a motion to have his parental rights terminated in Arizona. She can have any rights that he may have terminated by showing that he has never been a father and/or has abandoned the child. If she is successful, even though he is listed on the birth certificate, he will not ever have rights to the child.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response.

Thank you and best wishes!

Customer: replied 5 months ago.
does she need to file the motion in Arizona since moving to California this weekend. And if his name is ***** ***** his birth certificate
can she get government assistance in California? The whole reason why shes moving to California is to get an education and find a job so that she can support her child and not need any government assistance.
Expert:  Delta-Lawyer replied 5 months ago.

does she need to file the motion in Arizona since moving to California this weekend. And if his name is ***** ***** his birth certificate
can she get government assistance in California?

She can file once she gets to California to have parental rights terminated. However, she will have to establish residency in California first. She will also have to establish residency in California to reserve public assistance. I think she should attempt to receive public assistance in California without the name on the birth certificate first. Cali has more relaxed rules than Arizona relative to public assistance. If California will not grant her request, she can then always add his name later.

Let me know if you have any other questions and please don't forget to rate my answer positively. Thanks

Customer: replied 5 months ago.
Does the baby need permission from the father to come live in California. The father has never been there for the baby since she was born. he said that the baby was not his till he got the paternity results can that be evidence to have his paternal rights terminated or what type of evidence does she need.
Expert:  Delta-Lawyer replied 5 months ago.

No...since there is no custody agreement, there is no reason to receive permission to leave from the biological father.

Let me know if you have any other questions and please also rate my answer positively. Thanks

Expert:  Delta-Lawyer replied 5 months ago.

Just checking to see if you have any other questions or concerns. Thanks

Expert:  Delta-Lawyer replied 5 months ago.

Just checking to see if you have any other questions. I want you to be as comfortable as possible as you move forward here. Thanks

Related Family Law Questions