Legal Question in Family Law in California

I had a baby with another woman while being married. The baby is almost 2 and she won't let me see the baby around my wife. Canshe keep me from making her a part of my family? Me and my wife already have 3 children.


Asked on 9/16/12, 11:03 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

File and serve your paternity petition with a motion to establsh a specific visitation plan.

Read more
Answered on 9/17/12, 6:58 am

Ms. Kock is right. Your legal rights and responsibilities as far as custody and support are the same as if you and the mother had been married, had the child, and got divorced. It's kind of backward in time, but from a legal standpoint it is no different than if the 2 year old was from a previous marriage and then you married your wife and had three kids. So you have every right to blend your family as you see fit on your custodial time, and in fact unless there is something terribly dysfunctional about your family, the policy of the courts is to encourage such blending, since kids usually do very well in life when they have two adults and siblings in their lives. So if you have not already legally established your paternity, you need to file a petition to do that, and a motion to set up a custody schedule and parenting plan with the mother. Once that is under way, you and she will have to cooperatively establish a plan, or the court will eventually impose one.

Read more
Answered on 9/17/12, 10:06 am


Related Questions & Answers

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