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Jason Patric has been given the go-ahead to fight for the custody of his biological son.

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The actor has been involved in a legal stand-off with his ex Danielle Schreiber and her family for the past year after she insisted that Patric was nothing more than a sperm donor.

Patric's bid for parental rights was initially shut down by a judge last year, after he ruled that because the actor had donated his sperm to someone who wasn't his wife he had no claim of custody.

The appeal win on Wednesday is a big victory for fathers fighting for paternity rights in California.

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Patric now plans to go to court and fight for custody of his son, Gus, who he hasn't been allowed to see for months.