Legal Question in Family Law in California
Child Custody
Do I legally have to let my daughters biological father talk to her on the phone? We have a standing custody order where I have full custody and he has visitations but he has failed to pay her child support for almost 3yrs and about a year ago he totally disappeared. When I decided that I wanted his rights terminated I spent money to find him. Now that I have he is harassing me to let him talk to her, however she does not want to talk to him. He says that I am hurting my case in court if I do not let him talk to her. But he disappeared for almost a year and I was the one who made the efforts to find him. So legally do I have to let him talk to her? She is only 4yrs old but she made the decision on her own to not have him in her life.
2 Answers from Attorneys
Re: Child Custody
There is a grain of truth in what he says and a 4 year old is not sufficiently mature to decide whether she talks to the Father. On the other hand, those actions are greatly outweighed by the enormity of his negligence and failure to support his child. If you call me we can discuss the entire situation and with more information I can give you some guidance concerning what the court is expecting and would order. Also, we can discuss collecting the child support. Tell my office staff that I would give you a free consultation. Also, you may wish to review other answers that I have given on LawGuru.com so you understand my philosophy and that I will be straight forward with you. Good Luck, Pat McCrary
Re: Child Custody
Proceed with an OSC to terminate rights. You have good grounds for it. Contact me directly.