Legal Question in Family Law in California

Nonbiological male given visitation DNA shows he's not the father.

How can visitation be given to a male after the judge requsted DNA testing that has excluded him as the father and has ruled that the test will not be thrown out. If the test stands does this not remove him as what the law considers a legal parent, And what guide lines are used when considering what is in the best interest of the child, If there is one parent that is considered as fit does this not violate that parent's right to say who can and can not be in their child's life?


Asked on 9/17/03, 9:22 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Nonbiological male given visitation DNA shows he's not the father.

The judge apparently made his/her decision based on a set of facts and on information they were made aware of. Need more info.

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Answered on 9/18/03, 4:39 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Nonbiological male given visitation DNA shows he's not the father.

Well, to answer part of your question, it does not make him a legal parent unless he actually adopts him. If you are the sole custodial legal parent, it should be your authority as to who the child gets to see, in normal circumstances. Perhaps, the court is waiting for the test to be finally confirmed and hear his lawyer's arguments until he issues a final judgment and this is only a temporary remedy because the man has acquired an important status in the child's life. But once it is finally determined and adjudged he is not a parent, he should lose standing to be awarded anything, unless there is somehow also a finding questioning your fitness and granting him some kind of temporary guardian status. Obviously, it would seem the court feels cutting him off from the child "cold turkey" is not in the child's best interest at the moment. But, there is a limit to how far that can go. If you smell something fishy going on, contact a local family lawyer immediately to get to the bottom of what exactly is going on there.

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Answered on 9/17/03, 9:55 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Nonbiological male given visitation DNA shows he's not the father.

your facts are a bit on the vague or ambiguous side, meaning that if this person is not the biological father most likely he will not have any standing to enforce paternal rights whatsover in respect to the child at issue. however, if this person has adopted the child or has established some form of equitable or putative adoption of the child somehow, he may in fact have such standing. i would need more background information on this situation to legally help you in this matter. feel free to email me directly with your contact information to set up a free phone consultation.

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Answered on 9/17/03, 10:39 pm


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