Legal Question in Family Law in California

father fighting for custody of my unborn child

I am currently pregnant with my first child. I am 21yrs old and currently working and attending college. I have never been married with the father of my unborn whom he has a daughter of a previous relationship and only has visitation rights and is paying child support. The father wants to take me to court and fight for full custody. To his advantage he is 31yrs old with a business and home while i am renting and building a career of my own... Could he take my baby away??


Asked on 4/02/08, 12:01 am

3 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: father fighting for custody of my unborn child

No he can't take your baby away. Since he's the father he can get some visitation. The amount of visitation will probably be very little at the beginning as the baby needs time to bond with you. As your child gets older, the father could get more time. The policy in California is equal time with both parents, if they are both good parents.

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Answered on 4/02/08, 3:05 am
PATRICK MCCRARY PATRICK MCCRARY

Re: father fighting for custody of my unborn child

I disagree with Mr. Lemmons, the policy of the State of California is not for equal time for each parent. I have been practicing for 28 years and have taught seminars to attorneys concerninig parenting issues. The court will look at the best interest of the child. From a very practical standpoint it is generally considered in the best interest of the child that the child is breast fed during the early months of its life. He can't provide that for the child. After that the child is closely bonded with you and dependant upon you because of that bond. The ideal is that the time that the child spends with the other parent increases as the child gets older and that would at some point work to close to a 50/50 timeshare but that depends upon many different factors, including work schedules, the parents and the child. I suggest that you talk to a family law attorney in the county where you live who is familiar with the local judges and who can give you practical advice concerning the paternity of the child. Good Luck, Pat McCrary

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Answered on 4/02/08, 12:16 pm
Julie Page Law Office of Julie S. Page

Re: father fighting for custody of my unborn child

In my county, absolutely not. You are the mom, and we are very pro the child needing contact with both parents. Your rights would be protected at a minimum to 50 percent; maybe more, probably more...depending on alot of circumstances. If you are in Riverside Co, or a surrounding co, you are going to be fine, don't worry, but get legal help. Please call if we can help. vty, Julie S. Page

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Answered on 4/02/08, 8:26 pm


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