Legal Question in Family Law in California
California - I was never married to the mother and started a paternity and visitation - custody action in court for my 11 year old daughter: was in court a few days ago, mothers attorney denied I was the father, I am the father and the mother knows it, I asked for DNA test Judge ordered same, I asked for visitation until DNA is completed, Judge denied this, I have my names on documents as the child's father from years ago. Helped raise child first 5 years of child's life, sent money over the years also, seems judge never even opened my file to look at any of this.
What kind of judge is this? Do any of them even bother to look at the case file prior to court Best interests of the child huh! Seems like a bunch of hot air in California to me!!!!!!
3 Answers from Attorneys
Are you just venting or do you have an actual legal question?
To properly answer a question of this complex nature, it would be important for an experienced family law attorney to review the totality of this matter in an office consultation. With that being said, the judge is proceeding cautiously until evidence is presented on whether or not you are the biological father. The court may determine that you are the presumed father under existing California law. Please note that you may also be able to achieve ongoing contact and visitation with the child whether or not you're the biological father under new developing California law.
It sounds from your question like you have been out of the child's life for six years other than sending money to the mother. There is a strong bias in family law for the status quo for children. In other words, the judge is required to have substantial reason to change the life and routine of a child. So it sounds like the judge is following the law and policy in this area by not making a change to a six-year-long lifestyle for the child, when it is possible it could be changed right back when the DNA test comes in. The courts are not in the business of setting up children for "you have to go visit your dad who you don't even really much remember," and then shortly after "no, nevermind, he's not your dad." It is better for the child to wait the relatively short time it takes for the DNA tests to come in.
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