I am from California. I got pregnant when I was 17 and had some trouble with my boyfriend, I got mad and broke up with him and didnt see him again. When I was 6 months pregnant I met this guy and when I was 8 months pregnant we got married. He signed the birth certificate and the declaration of paternity paper. That was in 1999. My son was born in July 1999, in the end of 2000 my husband started using drugs and getting violent with me so we split up. For about 1 year I continued to try to keep him in my sons life. In August of 2001 I moved to another town alone and in October of 2001 I met up with my sons biological father and he met our son and we have pretty much lived with him ever since. He has supported our son, had medical for him. We have not seem my husband since August 2001 as far as I have heard he is still into drugs. I havent divorced him because I am afraid that I will make him mad and then he will do whatever he can to hurt me, so I leave it alone. What can I do to change the Birth certificate and my sons name. Do I have to let my husband know that I am doing this? What are the abandonment laws in Cali. I cant afford a lawyer and so far the legal aid here in Mod. sucks. My son also just turned 6 years old, is it to late to change the paternity paper if so what can be done next?

You have a problem. If the husband is on the birth certificate, he is presumptively the legal father, so my advice is for bio father to file an action to establish paternity, and ask for a DNA test and then taht will happen to confirm he is the father. Short of that, I doubt the husband will be taken off the birth certificate.