Legal Question in Family Law in California

Biological father rights

Does the biological father have legal right to assume custody if I die? Is the only way to protect myself is to have him to sign his rights over?

He has always been absent and my son doesn't know him. The DA's office collect child support (290.00 a month) and I have an order from 2001 that says he can see him once a month, supervised through a professional agency. He never followed throgh with the follow up class that he had to attend after court. I have no idea how to reach him and he doesn't care to see.

I am married and my husband has been his father since '99. (married only year)

Thanks for your advanced attention!

Jennifer


Asked on 9/19/03, 6:12 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Biological father rights

biological parents by statute have preference. However, there is a new code section that may help you. This section gives a person who has established a parent like relationship with a child to obtain custody without proving that the bio parent is unfit. Therefore if you have a parent that lives nearby you can develop a strong relationship between the child and that parent etc. This is a new statute therefore there are no court cases which have interpreted it.

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Answered on 9/22/03, 3:21 am


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