Legal Question in Family Law in California
I was just awarded child support (by default) for my infant son, but did not pursue any visitaiton agreements. I am the custodial party. My son has lived with me since I gave birth to him and his father hasn't bothered to see him at all. My question is, since the default judgement legally names the defendant father of my child, does he have the right to come and take my child where ever and for however long as he wants?... I'm asking because I'd rather be safe than sorry. I've heard of men who didn't care about spending time with a child take the child and flee the state just to hurt the mother. I don't mind his father seeing him, as long as he didn't try to keep him from me just to hurt me. Would he have the right to take our child and keep him as long as he wants since I don't have an official visitation order from a judge?... I always thought custody was presumed since I'm the one who had the kid and his dad has never made any attempt to see him.
1 Answer from Attorneys
You definitely need a custody/visitation order, otherwise, you have nothing to enforce. I would suggest that you hire an attorney without delay.
BARRY BESSER
www.besserlaw.com