Legal Question in Family Law in California

Hello, I have a 15 month old baby. The "donor" and I used to live together and have not been together since i was 5 months preg with her. He is not on the birth certificate and no paternity papers have been signed. I have read that the Law states " If a unwed mother gives birth to a child she has automatic custody until a father takes her to court" which means mother has control of who sees the child and how long, physical and legal custody basically. He keeps showing up at the daycare provider which happens to be a family member. I have told my provider if he shows up to call the police. I have also informed him on many occassion to not "show up". I have filed custody/visitations with the court however court is not until August 2013. I have been the bigger person and given him many opportunites to continues our once agreed upon visitation schedule and he has not schowed up. Can I legally call the Police or have my family member call the police if he shows up again? My family member also has a copy of the filed court papers as well as her birth cert to prove he is not on the cert. What can I do?


Asked on 6/05/13, 12:59 pm

1 Answer from Attorneys

The police can only enforce the law. There is no law against a known father, legal rights or not, "showing up." You may, however, be able to get a restraining order if his conduct constitutes harassment. Your better course of action, however, would probably be to apply for an ex parte emergency temporary custody schedule order. The police will generally enforce that and will not allow him to show up when it's not his time.

Read more
Answered on 6/05/13, 1:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California