Legal Question in Family Law in California

Father wants visitation for weeks to months on end, 400m away?

I was never married and the father and I lived together 9 months, during this time we conceived a chid. The child is now 4 and the father and I have a mutual agreement to visitation where he can see him when he wants, but he cannot go home with him (the father moved 400 miles away). He also pays me 200 per month in child support. There was no court ordered visitation, he is named on the birth certificate. He now wants to take my son every other weekend, every other holiday, and half the summer. He also wants me to meet him halfway. He has filed for relief in superior court and I was served to appear. His reason for relief is 'Neoscience has proven' that a childs first years are key in development, he needs to be with both parents, he needs to form a father bond, etc. What can I do? I dont mind him seeing him but half the time he comes he never has any money and I give him some to take his son out, or he cancels and doesnt come. How can I keep him from taking him all the time and how should I respond in court?


Asked on 9/18/02, 1:37 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Father wants visitation for weeks to months on end, 400m away?

Part of your response to the petitioner for paternity is a request for child support. $200 per month is less than what a person making minimum wage should be paying. You can expect that Dad will be getting more time than what you have been allowing, however, you will remain that primary caretaker and time away from you will be limited. Get an attorney consultation. Just the child support will pay for the attorney in a short time. You may be able to get the judge to order Dad to pay at least part of your attorney's fees. Good Luck, Pat McCrary

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Answered on 9/19/02, 8:48 am
Martin Lathrop Russakow, Ryan & Johnson

Re: Father wants visitation for weeks to months on end, 400m away?

You need to participate in the Paternity action. Absent an compelling reason, -like the father being a really bad guy-he is entitled to visitation. You probably should hire someone to represent you in the proceeding-Martin

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Answered on 9/18/02, 4:46 pm


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