Legal Question in Family Law in California

Re: custody of child outside of marriage

You can file a petition for full custody and also get child support whether he wants to see the kid or not. If he wants visitation you cannot stop that.

Re: custody of child outside of marriage

The legal questions are relatively simple. The personal questions are much more difficult. A prima facie case for termination of parental rights is one year without support or contact, but courts don't like terminating rights. Here is my practical suggestion. You appear to want the father in the child's life and that is really in the best interest of the child. If you bring an action for child support he will discover that he can reduce the child support by seeing the child more often. I have found that about half of the time the father discovers that it is pretty neat to be a "Daddy" and will then assume that role in the child's life. The other half of the time, the father is too selfish to assume that role and it will then be easier to terminate his parental rights if he gets out of paying child support. No one can ever legally "take the child away" from you, unless you abuse the child. You may have joint custody, but that is in the best interest of the child, to have two parents who love and care for her. Start the paternity action. It will add some stability to the child's life because each of you will then know your rights and responsibilities and it will protect the child. Good Luck, Pat McCrary