Legal Question in Family Law in California
Child custody and Visitation
Hi, I would like to know if in the state of California it is legal for a parent (father) to fight or argue the custody of the child if the mother is a Lesbian. To give you a little more information about the case, the father was never there for the 9 months of pregnancy and now all of the sudden he wants custody of the child, on top of that he is a drug dealer. Please help me and answer my question, i really need help. Thank you
2 Answers from Attorneys
Re: Child custody and Visitation
The father has the lawful right to establish paternity and seek custody or visitation regardless of the mom's sexuality. (I'm assuming the pregnancy was not the result of a contractual sperm donor situation.) What he will get is another story. Generally speaking, courts favor shared parental rights and responsibilities. However, because the best interests of the child are what is important to the court, factors like drug use/dealing will be important. Remember, too that if his paternity is legally established, YOU will be able to seek child support from him.
Reply: Child custody and Visitation
In a general sense, the legal issue is best interests of the children.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
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