Jason Patric wins appeal in custody fight for son

LOS ANGELES (KABC) -- Jason Patric won an appeal on Wednesday in his fight to become the legal father of his 4-year-old biological son.

Patric fathered his son Gus through artificial insemination with his ex-girlfriend, Danielle Schreiber, and co-parented for more than a year before their relationship ended.

The law prevents semen donors from seeking parental rights, but if a man shows that he was there for a child who didn't have a father, he can try to become his legal father.

A trial court had found that the "Lost Boys" actor could not establish legal parentage of his son, but a state appellate court tossed out the lower court's ruling.

Now, the case goes back to L.A. Superior Court.

Patric is not listed on Gus' birth certificate, but the actor says he signed forms at the sperm clinic promising "an intent to parent."

According to court documents, Patric was able to present evidence during trial that Schreiber referred to Patric as "Dada" when speaking to Gus, and Gus called Jason "Dada." When Patric was working in New York for six months, Schreiber and Gus "flew there several times and stayed with (Patric) at his apartment," the documents revealed.