Legal Question in Family Law in California

Mother not allowing father visitation

I have a child that I just found out about. The mother has denined me a paternity test since it was born but put my name on the birth cert. The mother has married and the man she married was going to adopt her, paperwork had been filed but it never went thru. he has rasied her as his own and supported the child financially. The mother and this man have since divorced but still maitain parenting of the child. about a year ago the mother finally took the child for a paternity test and now that I know the child is mine I want to have a relationship with her and she does with me as well. I have at least 10 years of arrearsalmost 100k on a child that I was deined the right to know if it was mine and my income has decreased DRASTICALLY since the order was put into place. Also the mother has failed to report her income and any cash that I have given her over the years. The mother wants me to start paying her the arrers and she wants 20k upfront in order to visit my child. What do I do? Can the arrers be modified due to all the circumstances?


Asked on 12/22/08, 4:57 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mother not allowing father visitation

Your statement of facts is confusing. You would owe child support arrears only if there was a court order for you to pay child support. If you only just was determined to be the father, you should not have a child support order with arrears in the range of $100,000. Consult with an attorney asap.

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Answered on 1/02/09, 12:04 am
James Chau Law Offices James Chau

Re: Mother not allowing father visitation

You should petitoin the court for a paternity action to establish that you are the parent of the child.

A family law facilitator in your local court house can help you file the do it yourself paperwork.

Please contact a local attorney in your area prior to taking legal action.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 12/25/08, 12:26 am


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