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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36987
Experience:  Attorney with 16 years experience
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How does a father have to claim s children before he loses

Customer Question

How long does a father have to claim his children before he loses all rights? Let's say he doesn't put name on birth certificate- doesn't claim them- nothing?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the biological father is not listed on the birth certificate and has not signed a voluntary acknowledgment of paternity, then he has no legal rights to the children at all because there has not been paternity established.

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So if no rights have been established, then there are no rights to be lost.

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thanks

Barrister

Customer: replied 1 year ago.
if a father has never claimed his child in 6 years, he can still file anytime for rights? There's no child abandonment that takes place? State of California
Expert:  Barrister replied 1 year ago.

That is correct. He can file a paternity case at any time up until the child turns 18 to determine paternity and establish paternal rights if he is determined to be the bio father through a court ordered DNA test.

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There is no child abandonment because the male has not been legally determined to be the legal father..

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thanks

Barrister

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