Legal Question in Family Law in California

I live in California Im a mother of an 11 year boy. The father is currently in prison(I'm no longer with him), and wants to take me to court for visitation rights. We were never married and on the birth certificate he is not listed as the father and our son doesn't have his last name. I take our son to see him every three months but for the father thats not enough time . The father wants me to take him twice a month and i told him that i dont have that type of money to make a 4 hour drive .Is there anyway that he can get visitation rights ? he is constantly getting angry at me and our son for not going and he tells our son that hes taking me to court. My son is getting worried of what might happend and he is starting to dislike his father. I need some advice. thank you.


Asked on 6/14/11, 4:59 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

I wouldn't worry about him filing anything. It would be hard for him to do it while incarcerated and to participate but they can do it. Although it is difficult to know what the likelihood is without a complete picture, I will say courts do not like to order visitation when it is an undue hardship and not in the child's best interest.

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Answered on 6/15/11, 8:08 am


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