Legal Question in Family Law in California

Sole Legal/Physical Custody

I have a child born in 2002. Her biological father was determined by DNA testing shortly after her birth. Father has paid child support but made no attempt at contact with her. Recently I was asked for custody orders when taking her to a new doctor. There are no custody orders. I had assumed I was de facto sole custodian but that request has me concerned.

Given the fathers lack of contact or involvement would I have a reasonable chance at sole legal/physical custody of my child? Also given his lack of contact and emotional bond could I expect a request for supervised visitation until an emotional bond had been established to be granted? I have read about ''phased'' parenting plans for parents who have gone long term without contact with a child, does California do phased plans?


Asked on 2/19/05, 5:32 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Sole Legal/Physical Custody

You may be able to get an order for sole physical and legal custody without a request for visitation. Should he request visitation most of the social workers that review custody cases and make recommendations to the court will reprovide for reunification visitation schedules. You should discuss this matter with an attorney in the county in which you live.

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Answered on 2/23/05, 12:11 am


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