Legal Question in Family Law in California
Visitation rights prior to a judgement being in place.
My daughter's father and I have never been married, and have never been to court. We have had a verbal agreement for the last 4 years(her age). Last week, he served me with papers to attend mediation in regards to differences we've had regarding his time with her. He was ''scheduled'' to have her for this entire weekend, and I don't feel that this should happen until a judgement is in place. I wonder if this would hurt my case in court as it would appear that I am trying to keep her away from him, when in fact I am frightened that he might do something stupid and run off with her, etc. Should I let him keep her this weekend as scheduled, or do I tell him that it's not a good idea that he see her until a judgement is in place?
2 Answers from Attorneys
Re: Visitation rights prior to a judgement being in place.
That's a decision you will need to make, however, if he hasn't done it before and he set up hearing on matter to resolve differences, maybe you will not look great. Is there any denial of paternity?
Re: Visitation rights prior to a judgement being in place.
If he filed for mediation, then he would have had to have filed a paternity action. If there is a paternity action then there is an automatic restraining order for him removing the child from the State. If your agreement has worked for 4 years, it wouldn't be wise to file an action first and then to take off with the child. Why not just take off with the child without asking for mediation. Without more information your fears don't seem well grounded. If you withheld the child now, he or his attorney will almost certainly use that argument against you. A major consideration in granting child custody is which parent is most likely to see that that other parent has frequent and meaningful contact with the child. Good Luck, Pat McCrary
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