Legal Question in Family Law in California

If you have strong evidence of paternity without the DNA test, you can file an ex parte Order to Show Cause why you should not be given temporary visitation. Also be sure to bring her behavior up in Mediation and in court on the final custody hearing. Courts really dislike parents who use the children as pawns.

I have a problem with Mr. McCormick's answer, although I understand your frustration. Paternity cases are supposed to be bifurcated when paternity is disputed. You don't state whether the matter is disputed or not. If it is disputed by the mother, you are going to have to present some sort of admissible evidence that you are a presumed father, which can vary. It can be a voluntary declaration of paternity, or a presumption arising from your marriage at the time. It really depends on the facts of the case.

If you don't have that, you are going to have to establish paternity in court, properly, before you can get visitation.