Legal Question in Family Law in California

Dealing with uncooperative ex (never married) -- What are my rights and responsi

Never married to him, lived together Jan-Jun, broke up in Jun, have a 2-year-old and am pregnant (both his, no court-established paternity). He has not paid voluntary support since Jun (I closed case in Dec, just re-filed), is inconsistent initiating visits, refuses counseling.

Daughter is scared of him based on past (unreported) discipinary methods (ie. a ''justified'' spanking with a metal ruler that left a palm-sized bruise, mild spanking as punishment for wetting during potty-training, etc), undergoes emotional trauma each time he takes her for overnighters w/o incidents & hides the fact from him.

Checked CA Family Law code sec. 3040-3046, 3190-3192, 7160-7614 (re: presumed fatherhood & if 7611d applies) 7630-7644 & others. Also plan small claims case re: unpaid bills/rent. What rights does he have, am I in violation for restricting visitations to days only 'til my daughter adjusts (which he refuses & subsequently forfeits visit of own volition) and what should I do legally to protect her?


Asked on 8/28/02, 8:09 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Dealing with uncooperative ex (never married) -- What are my rights and resp

You need to file a paternity action to get child support and custody determined. Prior to that you will have instability in your relationship with him (and his with the child) and in the support that you recieve from him. In that process the court can order him (and possibly you) to take parenting and or co-parenting classes. You will learn much about how to stablilize the relationships by going through the process. If your local court has a facilitator's office, they can help you prepare the paperwork. Of course, you will be better off hiring an attorney who can guide you through the process. Good Luck, Pat McCrary

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Answered on 8/29/02, 9:50 am


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