Legal Question in Family Law in California

custody

My husband and I found out 7 yrs. ago that he had fathered a child with some one else and has been paying childsupport for the past 8 yrs. without ever having a court hearing for some kind of custodial rights. He wants to be part of the child's life and has attempted to visit her and she knows of him although she was raised believing some other guy is her dad and carries his last name, and the mom doesn't allow her to see my husband. How do we go about requesting visitation or custodial rights as well as a name change?


Asked on 3/22/08, 1:01 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: custody

file a petition to establish paternity and request visitation.

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Answered on 3/22/08, 2:38 pm

Re: custody

As Mr. Lemmons said, file the Petition for Paternity and request visitation. Prepare for it to be a long and difficult process. Such situations are never easy, but get harder the longer there has been no action.

Also, be prepared for the Court to order some kind of supervised parenting time initially. Do not be offended by it. The Court is not saying you are not fit to be with the child. The Court will be doing it for the child's comfort, so she has a chance to get to know you in a neutral place.

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Answered on 3/26/08, 6:35 pm


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