Legal Question in Family Law in California

Child custody; never married

I have 2 children ages 7 & 4 from a guy I dated off and on for several years. The father has not been a part in the childrens lives since we broke up several years ago. We have NO custody order or any type of visitation order. The father has just recently (3-4 months ago) wanted to see the children because his family makes him feel obligated but REFUSES to take any financial responsibilities. I have let him see the kids on a few different occasions but now, the father has threatened to keep the children next time he sees them. I am afraid to let him have the kids again because of his threats. I was told that because there is NO ''proof of paternity''(since we were NEVER married) or No court order, I do not have to let him see the kids. Is this true? And I might be moving out of the country for a few years (Husbands Military Obligation)Do I need permission since there is NO order?

Any help would be appreciated. Thank You!


Asked on 11/30/00, 11:03 pm

2 Answers from Attorneys
Nina Gohari Law Office Of Nina N. Gohari

Re: Child custody; never married

PLEASE BE INFORMED THAT IF THERE IS NOT A PATERNITY ACTION INTACT WITH CHILD CUSTODY AND VISITATION ORDERS THEN FATHER DOES NOT HAVE AN RIGHT TO SEE OR HAVE THE CHILDREN. YOU ARE NOT UNDER ANY COURT ORDER TO DELIVER THE CHILDREN TO HIM. BUT IF HE DOES NOT RETURN THE CHILDREN TO YOU AT ONE OF THE VISITS THEN THERE IS NO COURT ORDER THAT CAN BE ENFORCED BY THE POLICE DEPARTMENT EITHER. IF YOU NEED AN ATTORNEY FOR ADDITIONAL LEGAL ADVISE YOU MAY CALL ME AT 310-839-7700. THANK YOU.

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Answered on 12/08/00, 5:20 pm
Tracy Duell-Cazes Law Offices of Tracy Duell-Cazes

Re: Child custody; never married

You have some complicated issues and some hard decisions to make. There is not enough information in your post to give you a sufficient answer to your question.

If you do nothing, you will live with the fear that he will take the children or that he will try to get them back here if you move.

If you go to court for a finding of paternity, custody orders and support orders you will be in a better position. You will also give your children some protections.

You should sit down with an attorney to discuss all of your options and the consequences of each option before you do anything. If you live in Santa Clara County you can contact my office at 408-287-8484 for a free one-half hour consultation.

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Answered on 12/06/00, 7:36 pm


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