How can I gain custody rights if I am the biological father but am not on the birth certificate? 6 Answers as of June 27, 2011

My 7 year old daughter is currently living with me and my fiance while her mother is in jail. I am the biological father. We were never married and when my daughter was born her mother listed the new boyfriend as the father on the birth certificate. I went to file at the court for guardianship, and they told me since I'm the father I can't file for guardianship. But if I'm not on the birth certificate what do I do to have legal right for custody of my daughter at least share 50/50 with her mother?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You need to file a law suit for paternity. At this point it is not relevant that your name is not on the birth certificate. You should jump on this opportunity to establish custody, and parenthood while the facts weigh heavily in your favor. I can help you with all the steps, since it appears clear that you need some help here. Dealing with children in court is not something to "toy with" or risk a serious mistake that could hinder your relationship with your child.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
In California if a person wants to establish they are the biological parent of a child they can file a Petition to Establish parental relationship. It is always advisable to get a paternity test even if a person is sure they are the biological parent.
Answer Applies to: California
Replied: 6/27/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Whether or not you are listed on your daughter's birth certificate, if you are her father, you should seek your custodial rights in a Paternity case, and if needed, you can submit to a DNA test to prove that you are your daughter's biological father. You would best retain an experienced Family Law Attorney to represent you in your Paternity case.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You would need to file a paternity action against the mother of your child. You will also need to join the boyfriend who is listed on the birth certificate to the action. If the boyfriend and mother both agree that you are the biological father of your daughter, it may be easy to get an order of paternity. If they contest it you will want to retain an attorney in order to insure that you are properly named the father of your daughter. After paternity is established, you may be able to seek custody of your daughter.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
File a Paternity action in Family Law Court and to correct the Birth Certificate. The Clerk's Office cannot give legal advice, but they could have told you that.
Answer Applies to: California
Replied: 6/27/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You need to go to court and establish your "paternity rights". "You will need to have a blood test and then if it establishes you are the biological father you can file for custody rights of your child.
    Answer Applies to: California
    Replied: 6/27/2011
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