Legal Question in Family Law in California

Child custody

I am pregnant and I don't want the father to have any custody, but I don't want to deny him visitation. I am concerned he will try to gain sole custody and on paper he looks better than I do as a ''fit'' parent, but in reality he is not healthy for a baby to be around for various reasons (smoking, unhealthy living conditions at his residence, etc). He already has one other child that he denies is his and no DNA test has ever been done to confirm because the mother did not want to have him involved in her or her kid's lives at all. I do want to collect child support, but I don't want him to gain sole or primary custody of the child. I would prefer it if I had the final say as to when and where he could spend time with the child. Is this even possible? I have heard that if I refuse to put his name on the birth certificate then I don't have to worry about custody for a while, but if he decides not to pursue custody, will I still be able to get child support without him being onthe birth certificate?


Asked on 4/20/09, 3:52 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Child custody

Your desires are contrary to CA law. There is a legal presumption in favor and courts are guided by the principle that what is best for children is for both parents to be involved. Then we look at the facts, does he want to be involved, does he actually follow through with what he says? It's not about the birth certificate, issues of custody, visitation and support can be dealt with regardless of the birth certificate. If you and he acknowledge that he is the father, that's the end of the issue. If you don't agree, in a court action for custody/visitation or support, that issue can be determined by DNA tests.

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Answered on 4/22/09, 10:27 am


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