Legal Question in Family Law in California
Custody - Child Support - Paternity ?
My child is 3 1/2. Father and I never
married. He broke it off shortly after
I got pregnant. Baby born in CA.
(we in CA and IL) Dad lives in AZ,
signed birth certificate, but 6 weeks
later, contested paternity. He never
contributed a penny of support, and
was disinterested in participating in
parenting. (I did not pursue child
support because it did not seem in
the best interest of my child to risk
shared, out-of-state visitation with a
man who showed little interest in
being a parent.) At this time I want
to 1. make sure that I have sole
parental custody, 2. know what my
rights are IF the father pursues a
relationship with my son at some
point in the future and 3. explore
my options for financial support. I
realize I would have to establish
paternity, but, want to know if the
courts would make me put my son
on a plane to share visitation if I
were to seek child support. If so, I
would rather sacrifice elsewhere.
Thank you for your help.
2 Answers from Attorneys
Re: Custody - Child Support - Paternity ?
It sounds like he disputed paternity, but did not take action to legally contest it. Once you petition for financial support, he can counter with many things, including seeking visitation. On the other hand, if you do nothing he can also seek visitation in the future.
Re: Custody - Child Support - Paternity ?
Normally a child that young is not just sent to visit a father for more than a few ours. This would be especially true that when father has not developed a relationship with the child. If you go after him for child support he will have to go to court and it will take only a little more effort to seek visitation. However, you cannot get child support for time prior to the time a paternity action is filed. If you file consult with an attorney in the state in which you reside at the time of filing, or the state which is most advantage to you.
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