Legal Question in Family Law in California

I am an unmarried father and have signed a paternity affadavit. the custodial parent has denied visitation. I have a current custody case in process. Is there anything I can do to get visitation while I'm waiting for my court date?


Asked on 7/27/11, 11:02 am

2 Answers from Attorneys

BARRY BESSER LAW OFFICES OF BARRY I. BESSER

You are not likely to get any visitation without an agreement from the mother before the hearing.

BARRY BESSER

www.besserlaw.com

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Answered on 7/27/11, 11:08 am

I disagree with Mr. Besser's blanket statement. If you and the mother have signed a declaration of paternity, you are the legal father and are presumptively entitled to visitation. In many courts it takes a long time to get to a hearing on a custody and visitation motion. I am not familiar with your particular county, but in Northern California, courts with backed up calendars are uniformly willing to entertain ex parte motions for temporary custody and visitation orders, pending a formal hearing on the matter.

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Answered on 7/27/11, 2:13 pm


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