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?
2 Answers from Attorneys
You are not likely to get any visitation without an agreement from the mother before the hearing.
BARRY BESSER
www.besserlaw.com
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.