Legal Question in Family Law in California

You did not say whether there was a court order in place regarding visitation (did said you never went to court so I am assuming there is no present order in effect), or whether it was just an arrangement you have been living under. If there is no court order, the alleged father has no rights over the child. To get the rights, he would need to ask the court to assess that he is in fact the father, and then he would ask for some degree of visitation/custody. At this point, the question remains as to whether the child can be FORCED to visit. At her age the courts will allow the child to decide this matter. She can not usually be forced to see her parent. The court will look at all factors especially as to what influence the custodial parent might be taking over the child to not encourage visits. The courts want to be sure that this is ONLY the child's decision before they would accept her desire. They would closely examine your possible influence over her.

Mr. Brear is sort of right. He is completely wrong that she gets to choose anything about her custody or visitation any time before she turns 18. The court must make a legal finding as to what is in the best interests of the minor child and order that. What she wants, at age 13, will be a factor but only a factor in that finding. Other than that, he is completely correct.