Legal Question in Family Law in California

I got a divorce behind my husbands back because I was desperate to free myself from him. But we have a child and when I divorced him I said their was not child. He recently left home due to domestic violence and now I need to file visitation papers and child support. Will this effect my case.


Asked on 8/17/09, 9:31 am

1 Answer from Attorneys

Fred Begun Law Office of Fred C. Begun

It is critical that you consult with an attorney in the county where you live and/or the county where you filed your divorce. I am curious to find out how you got a divorce without your husband knowing it, because the law requires that people are told when they are involved in a legal case. What was done, right or wrong, it probably needs to be fixed now. Whatever reasons you may have had, he has rights too. This will likely be a bad mark against you, but we need to begin to do things correctly now.

You will need to return to court to address issues of custody, visitation and support. You will likely have to go through extra steps to prove that he is the father, this is called paternity. Unless he agrees that he is the father, you may need to do DNA testing. If too much time has passed since birth, and you may have extra complications. Assuming he is the father, you will then need to begin working out custody, visitation and support issues. It is not clear what you mean when you say domestic violence, so that will be a very important issue.

You need to talk with an attorney right away.

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Answered on 8/17/09, 12:05 pm


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