Legal Question in Family Law in California

Paternity: unmarried mom in CA, dad in TX
Pregnant woman (4 mo.s), resident of CA, got pregnant in TX by TX resident, is worried that dad will drag her into Texas courts over child custody and support. Dad has money for extended legal action, mom does not. Can he actually compel her to use the TX courts, or will he have to come to CA to argue things out, provided she never sets foot in TX? She would like 100% custody of child, no child support, it's conceivable he could want same. If she can't have what she wants, mom would rather settle issue in CA courts. Neither have any financial, mental, or physical reasons to be deemed unfit to care for the child.

Asked on 3/04/02, 3:54 am

1 Answer from Attorneys

John A. Giffen Law Offices of John A. Giffen

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Re: Paternity: unmarried mom in CA, dad in TX

If the child is born in California, father would have to come to California to fight. If he doenst take steps to establish paternity in California he has no rights to get custody. If after a year he has not come forward and paid support or claimed a relationship with the child you could then terminate his rights. The courts are reluctant to terminate fathers rights unless you have another father to step in and adopt the child.

John A. Giffen

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Answered on 3/05/02, 3:56 pm

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