Legal Question in Family Law in California

rights

okay, I live with my parents and support my 3 year old son by myself, I am unable to get a job because i cant pay for childcare so I get cash aid, food stamps and wic and medi-cal so he's able to eat and see a doctor regularly. His father works under the table, doesnt take care of him at all and lives 45 min away. he claims he has the right to see him no matter what no matter when. so I've made a written contract for him to sign saying he needs to pay me support every week of about 125.00 for his needs and he can see him every other weekend. I think this is fair considering he's able to freely work without worrying about who's going to be watching his son, he can go anywhere he wants anytime. I think this is a fair compromise considering he also gets unemployment on top of everything and is able to spend his money on anything he wants. would a lawyer consider my contract for him to be a fair contract as well?


Asked on 3/14/09, 5:38 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: rights

Because you are receiving public assistance any agreement for the payment of child support must be approved by the county or it will not be valid. Support and visitation are separate issues. His contact with the child should be such that it serves the child's best interests. To protect your interests and the child's interest you should file a petition for paternity and get a court order for custody and visitation.

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Answered on 3/21/09, 4:01 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: rights

No. This is not the way its done. Go online to your county's department of child support services and open a case -- they set up the child support and set up the collection of it at no cost to you.

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Answered on 3/14/09, 8:27 pm


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