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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116775
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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By and the mother (not a wife) has told the court she does

Customer Question

by and the mother (not a wife) has told the court she does not want him to have any contact. She has accused him of domestic violence and it has been knocked down to a mistamenior. She has had the baby but not told him or us(grandparents). Can she doe tis and if he cannot see her ( the baby) does he have to pay child support. Not sure if he is listed as the father HELP
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Like what he is in court for domestic violence but we have not been told if the baby has been born. We think it has but it has not been confirmed
JA: Anything else you want the lawyer to know before I connect you?
Customer: Cant think of any thing
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, legally if he wants custody or visitation he has to file a petition in court for custody and visitation. He needs to present evidence that the domestic abuse charge was not valid or was not what they claimed it to be and not as severe. So he must file in court now to get paternity established and get his rights. I am afraid that even though he does not have visitation, he would be liable for child support payments as that is mandatory under state law and a parent cannot avoid that obligation visitation or not. As grandparents, legally you really do not have rights, because the US Supreme Court has said that the parents have a civil right to the child, so you need to get him to pursue his rights in court.

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