Legal Question in Family Law in California

hi was wondering what types of forms are valid will the standard packet for civil harrassmeent and establishment of paternity for los angeles county work for a person that is living in texas? i live in la... he lives in texas??? also when I have a court date will the judge make him come to cali or will he be able to somehow do court there???? my goal is to have some sort of order from the judge that will make him come to california to attend court.... so I can have a word with him. I am doing all this because he suddenly is trying to avoid this situation and i dont think its right for him to help make me pregnant and then bail out. I dont want to wait till the baby is borned.... also with this harrassment thing will that be more effective in him having to come to court in california? what is the most effective way ?


Asked on 10/25/15, 11:14 pm

1 Answer from Attorneys

It is illegal to use the court system to get someone to come to California "to have a word with him." That is called "abuse of process." It is also illegal to file a civil harassment proceeding against someone who is not actually harassing you. By definition, someone who is trying to avoid you is not harassing you. That is called malicious prosecution.

You are right that it is not right for him to get you pregnant and then bail out. But that is what paternity actions are for. You are not clear whether you are still pregnant or if the baby has been born. Once the baby is born, you may be able to proceed against him to establish paternity and get a child support order if he has lived in CA or the child was conceived in CA. Otherwise you may have to file in TX. I suggest you contact the LA office of the California Dept. of Child Support Services. They not only help obtain and collect child support. They also are mandated to help identify and establish paternity of absent fathers. They also are required by federal law to put as much work into interstate cases as once that are local. They will be able to tell you if they can file the paternity action for you, or if you will have to go court in TX.

Read more
Answered on 10/26/15, 8:05 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California