Legal Question in Family Law in California
Joint Custody/Visitation
I have a three year old in CA, I live in NC. I have no custody/visitation per a court order and pay $415 in child support per month. I felt the mother got pregnant on purpose to try to trap me so that I wouldn't move back to NC and I didn't believe the child was mine so I said some pretty nasty things about her and the unborn child. That was over three years ago. I have tried to get along with the mother for the child's sake since then and sent the child gifts and had webcam sessions all to no avail. She has also visited me in NC for two days (The mother got mad at me and left w/o me knowing). The mother has taken some classes in being a paralegal and thinks she knows as much as a lawyer. She has assured me that if I try to take her to court to get joint custody or even visitation that she will fight me, it will be a long drawn out process and that I will loose or at best get supervised visits because of what I said on her answering machine before the child was born. I do not have a criminal record and have since remarried and have a one year old. What are my chances? Should I even try and how expensive would it be to try? I have another child to support now and can't afford to make several court appearances, etc.
1 Answer from Attorneys
Re: Joint Custody/Visitation
Going to court is always risky. Depending upon what you said before the child was born, you should have a relatively good chance of getting more visitation. There is also a risk that you child support could go up. Amount of contact a parent has with a child is a major factor is determining the amount of child support paid. Before going forward you should consult with an attorney in the county in which the child lives.