Legal Question in Family Law in California

paternal rights

I had 3 kids with a man I never was married to, he is now in jail and has been for many years and has never been a part of my kids life. His father has not contacted my kids for about 6-7 years, now out of the blue he has deciced to contact me and is threatening to take me to court if I dont let him see my kids. Now I was told that since I was never married to his son the paternal grandparents have no rights. Is that true?


Asked on 4/25/07, 12:22 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: paternal rights

The lack of marriage merely would require an additional step of proving his paternity. That could be done through a dna test. Then they could proceed as the paternal grandparents. Grandparents have only limited rights to visit a grandchild. The only time I am aware of when there is a court order for visitation, is when the grandparents have been a significant part of the child's life. That has not been the situation in your case. It would be very difficult for them to get visitation. Also they would have to be joined in the paternity case, this would give the court authority to order them to pay your attorney fees.

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Answered on 5/05/07, 10:54 pm


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