Legal Question in Family Law in California
Legal Father
I am the legal father, no biological ties, to a six year old girl. Mom and I have been divorced for about five years. Mom and I were not married when child was conceived. Mom has 75% custody and lives out of state. Mom has been contacting biological father lately. Since Mom is contacting biological father can custody and support be changed to him? I feel that she is trying to get me out of this child's life except she likes the child support from me. I don't know what to do?
1 Answer from Attorneys
Re: Legal Father
You said you are the legal father of the child. If there is a court order that you are the child's father then you can be released from the financial responsibility for child support only by having that court order changed or the order set aside. Getting a court order set aside is difficult to do. The longer the time between the court order being entered the harder it is to get order set aside. If the court order was obtained by default, there is a provision for attacking such judgments, however the time for using that provision is quickly running out. Consult with an attorney and have all of the court documents with you for review.