Legal Question in Family Law in California

Child support and parental rights

My daughter will soon be 5. Her father has never seen her nor spoken with her(on his account) Earlier this year praternity was established. He expressed at the time that he did not want to be in the childs life and that it would be too complicated since so much time has gone by.He now has another family. I didnt persue child support at the time. I'm now in a situation where I NEED the support for her. Does he automatically get visiation and custody rights if I open a case? He lives 2 hours away from us, how easy would it be for him to persue visitation even thought he has never had any contact with the child??


Asked on 12/05/06, 6:46 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child support and parental rights

Child support and custody/visitation are separate issues. You have a right to request child support, and he has the right to request visitation. The amount of time he has the child with him will have the greatest affect on the amount of child support he has to pay. The fact that he has not seen nor contacted the child is 5 years will make it difficult for him to get visitation. Any visitation should be gradual with a lengthy introduction period. If you calculate child support based on 20% visitation he may not press for visitation.

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Answered on 12/20/06, 2:11 am


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