Legal Question in Family Law in California
visitation rights
The father of my 8 month old baby & I are not married. He has a very bad temper & although he scares me, I have told him he can visit the baby anytime he wants at my parents home, but I don't really want him taking the baby for days at a time. I'm trying to get child support right now & he told them the reason he doesn't visit the baby is because he's afraid of domestic violence from me, which is a lie. Does he have any legal right to take the baby for visits, especially since he hasn't paid any child support?
1 Answer from Attorneys
Re: visitation rights
Payment of child support is separate from visitation. His failure to pay support will not prevent his obtaining visitation. You stated that he has a bad temper. Does that mean that he has physically abused you. If he has abused you and you have a proof of this abuse you may be able to get an order for supervised visits. You should discuss this matter with an attorney.