Legal Question in Family Law in California

My girlfriend is 9 months pregnant with our baby boy. Things have been really rocky and we cant see eye to eye on things and have fought a lot lately. She already has a six year old daughter which she collects money from child support from the father of her daughter and she has been unemployed for six months. Is there any advantage of me gaining custody of our son when hes born? Also, if she fails to contact me during the delivery of our son. Is that something that would work in my favor in court? I live in CA


Asked on 2/24/13, 3:35 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

You want to slow down and take some deep breaths here before you do something that you regret. My first recommendation is that you consult with a family law attorney as soon as possible. You want to have a game plan that both of you are willing to follow once the baby is born. What will be important to the Court is that you are acting responsibility and with integrity in a very challenging situation. This means that you are providing support for your girlfriend, have a game plan for providing support to both her and the baby including medical support. Given that this is going to be a newborn, insisting on straight 50/50 custody would be a bit much. On the other hand you want to make certain your name is on the birth certificate and that you request joint legal and physical custody as well as reasonable and age appropriate visitation, especially time for you to meaningfully bond with the baby. For this, you may want to consult with a counselor who specializes in fathering concerns. Good luck with this.

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Answered on 2/25/13, 6:19 pm


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