Legal Question in Family Law in California

Re: Child Custody

You should prepare a will and name a responsible person to be the guardian of your child. This will not defeat father's right to custody, but will give that person an advantage in a custody dispute. Also having that person develop a close relationship with that child. These steps will improve the possibility of defeating father's bid for custody.

Re: Child Custody

If you have full legal and physical custody, the father's rights are minimal. Absent domestic violence or some other mitigating circumstance, there remains a presmption that a child will benefit from a relationship with his natural father. Therefore, the father would retain the right to see the child. This is a right that he may choose to enforce through a court system, in order to obtain a visitation schedule. If visitation is something that you do not feel is a good thing, you may be able to make the father undergo an evaluation to ensure that visitation is in the child's best interests. (This strategy is usually best used only if there is a reason you think visitation is not appropriate.) Of course, you have the right to obtain child support from the father.

In the event you were to die, generally the child would go to the other natural parent. (Assuming that is in the best interests of the child.) In the event that the other natural parent is not fit to take full legal or physical custody, a guardian may be appointed to take care of the child. Of course anyone with the ability to care for the child could apply for guardianship. The determination would be made by the court.

I hope this is helpful.

-K. Thomas