Legal Question in Family Law in California
what rights do my babies father have? we are not married. he does not pay child support on a regular basis. he does not see my son on a regular basis. i have had full custody of my baby sinse he was 2 weeks old.
2 Answers from Attorneys
Unless he has filed an action for paternity with the court, he really does not have any rights at this point. However, if he is the father and can get a Final order establishing paternity, he can then ask the courts for visititation and custodial rights. Have you opened up a case with child support enforcement to secure child support?
His rights and responsibilities regarding the child are exactly the same as if you had been married and then split up. Custody would be ordered on terms the court finds to be in the best interests of the child, and support would be ordered based on both your incomes, the percentage of time the child is ordered to spend with each parent, and a bunch of other mathmatical calculations run on DissoMaster software. As Atyria said, however, until he goes in and asks for court orders his exact rights are undefined and therefore unenforceable.