Legal Question in Family Law in California
my girlfriend/fiance became pregnant after a doctor confirmed she was pregnant she told me she didnt want a dad just another baby she said she doesnt want child support and wasnt going to tell welfare who the dad was and that she just wants me to walk away i am already a single dad of 2 kids that i have sole custody of i want to be a father to the new child it is still unborn is there anything i can do in california to start the ball rolling?
1 Answer from Attorneys
Three things. First, make no commitments until you are certain that the unborn child is actually your son or daughter. Second, the young woman does not fully understand the new rules of the CalWorks system. (a) If she has been receiving welfare assistance (cash aid) for more than 9 months, she will not get additional benefits from the Cal Works program. (b) CalWorks has a time limit for adults so sooner than she may expect, your girl friend will need to make some decisions about her family resources and income. (c) She must co-operate with child support enforcement authorities even for an child who will not receive assistance.
So, recommendation #3: you need to consult with a family law attorney as soon as possible. It may be possible to get an order for a paternity test to be taken once the baby is born. If the results indicate that you are the father, you should make certain that you are identified as the father on the child's birth certificate. You should also file for joint legal and physical custody.
You should also contact your local legal aid program or a welfare rights advocacy program. Good luck.
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