Legal Question in Family Law in California

If the boy wants to be in his child's life, he must file an action to establish paternity, and he needs to do it before the adoption is underway. He will then be liable for child support, but will also be entitled to visitation, and it is illegal to condition compliance with a visitation order on payment of support. They are independent issues and a breach on either one does not excuse the other. Lastly, she will potentially be subject to prosecution for statutory rape. Statutory rape can be charged against either gender.

With regard to the statutory rape issue, the family law courts generally don't report this. It is up to the parents of the underage child to report this to the authorities. The family law courts are concerned with visitation and support of the child. As to the threat of the mother pursuing back child support, the only way this can occur is if the mother is receiving state aid for the child. If not, the court can only order support retroactive to the date the mother filed a motion for support.