Person A and B are married. They have three children. B gets a vasectomy. More than ten years later, they separate contentiously, but continue to have sex off and on. A files for divorce. A has sex with C, and is still having sex with B. A gets pregnant. The divorce is not finalized before the baby is born. At the hospital, A fills out the birth certificate listing C as the father and that he’s unmarried. A lists herself as married, because she still is married, just not to C. C does not sign the birth certificate and disappears when baby is 2.5 years old. Divorce is not finalized until baby is 5 years old. In divorce papers, baby is not mentioned at all, only the three children born prior to baby.

Who is the legal father in the eyes of the State of California? The Federal Government? Child is disabled and needs to apply for SSI, who should be listed as the father? How does A go about establishing paternity at this point? Because the child needs a passport and both parents must sign the application.

C is nowhere to be found and has not been in contact for 8 years, no family to contact (only child, mother has died), C has not had any job and was homeless last A knew. No idea how to locate C. If C is not the legal father, no need to find him. Of course, A cannot afford to hire an attorney to sort this out for her. So Reddit AskALawyer, how should A proceed in having paternity established/decided so that the child can apply for SSI (child was born with a disability) and get a passport? Does A even need to do this?