What to Do if a Mother Threatens to Keep a Child Away From You, Possible Nonpaternity

My question involves paternity law for the state of: California

My son was born 3 months ago, and things have gone south with his mother. She is saying that she is going to remove me out of his life, and other related statements. Although there has not been a paternity test to prove if I am the father or not, there is a high likelihood I am not biologically his father. I am listed as the father on the birth certificate, and regardless of any result of a paternity test I still want to be his father. My question is does she have the ability to take away my rights as his father?

Mom file a rescission form to set aside the affidavit of parentage (AOP) within 60 days of its being signed. If she does not, and she wants you removed as the child's father, then she would have to ask a court to make a finding of non-paternity.

If the AOP has not been rescinded, you may file a custody case seeking custody rights and a visitation schedule. Mom could respond to such a petition by asking the court to find that you are not the child's biological father. Whether or not she might succeed could depend upon a variety of facts not yet known to us.

If you are not the biological father, it is possible that he might become involved in custody litigation to try to assert his rights.

Currently you are the legal father. You are past the recession period and it would be uncommon for the state to bastardize the child and limit the available support without the biological father being present/known.

In other words, as things are now, it would be unlikely to lose access but in order to preserve/compel access you will need to go to court and obtain said order. Be prepared for a support order as well.

If a court orders a DNA test and it proves you are the biological father. You will be ordered to pay child support based on your income

I feel like you aren't answering what he's asking. He wants to know if he can still have rights even if he's NOT the biological father. He doesn't seem like he's trying to skip out on child support when he wants to raise a kid that may not be his.

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Quoting PMMH

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I feel like you aren't answering what he's asking. He wants to know if he can still have rights even if he's NOT the biological father.

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Then how about posting some helpful information?

If he wants to maintain rights even though he's not the biological father, there are some possibilities under California law, but relief may be very limited and will be very fact-dependent. To analyze that sort of issue we would need a lot of facts; if that's a concern to the OP he should be consulting a family lawyer.

I was not referring to your post, but the one after yours.

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Quoting PMMH

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I was not referring to your post, but the one after yours.

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WE all have names... so I presume you're referring to me.

As things currently stand, if he signed the AoP and has passed the period of rescission then he is, for all intents and purposes (and that includes legal), the father. can a disestablishment of paternity action take place that could change but it's not something the mom will be able to do just because she's angry.

So, that sound pretty helpful to me...He already has the rights.