Legal Question in Family Law in California

Paternity/Visitation/Child Support

My son's mother and I were never married. My name is on the birth certificate. We started out in Las Vegas, but then she wanted to move to Missouri, so I went to be near my son. Then she marries a Marine and moves to Camp Pendleton 6 months after we arrive in MO and I already have a lease and a job. I let her take my son because she whined about wanting to be happy and I was keeping her from it. She said she'd be back in 4/08. Didn't happen. I had papers drawn up in MO but didn't serve her cause I wanted to be Mr. Nice Guy. It turns out nothing she ever said was true and I rarely got to see my son. When my lease was up in November I moved back to Las Vegas, thinking the job market might be better and I would again be closer to my son. When I do that, she says she's going back to MO while her husband stays in the service. Or, she tells me I have to pay her $300 a month to even see my son, when I am currently looking for a job, because I was laid off in MO and am now back in Las Vegas. If I offer her any sum less than that, she says I can't see my son. I have written her checks for less than $300 a month and she won't take them, but then complains about how I don't pay her. No paternity/custody/support order exists at this time.Help


Asked on 11/25/08, 5:49 pm

2 Answers from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Paternity/Visitation/Child Support

You need a lawyer because she is screwing with you and manipulating the situation. Any mom that says that you have to pay to see your son is not looking out for his best interests.

You have no obligation to pay child support until paternity is established. However, once paternity is established, the Judge can go back four years for support, so, you can be required to pay from 2005, 2006, 2007, and 2008. You also have a defense to child support if she did not allow you visitation.

You can email me for an appointment.

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Answered on 11/25/08, 6:03 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Paternity/Visitation/Child Support

If you were really serious about seeing your son, you'd stop playing around with his mother and file a petition to establish paternity. Yes you will have to pay child support. And yes, if you're a good dad you will be able to see your son. It may take some time to get a significant visitation order, but that shouldn't deter you for acting. If you'd like my assistance, let me know.

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Answered on 11/25/08, 6:47 pm


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