Legal Question in Family Law in California

custody

I am a single parent of a 2 year old,her father is in jail and met her one time(at the time of her birth)he signed her birth certificate and says he has rights.My question is does he have rights?He has never payed me any type of child support or has never came to see her.If i were to take him to court would i be granted sole custody?


Asked on 2/27/02, 1:41 am

3 Answers from Attorneys
Edward Lindley Edward Lindley, Attorney at Law

Re: custody

NEED MORE INFO. YES HE DOES, HE IS THE FATHER AND UNTIL THOSE RIGHTS ARE CURTAILED HE HAS THEM.

WHAT MIGHT RESULT IN A COURT CURTAILING THESE RIGHTS? DID HE VISIT WHEN HE WAS NOT IN JAIL? IS HE LIKELY TO BE RELEASED SOON? WHY IS HE IN JAIL?

IT MAY BE THAT HIS CIRCUMSTANCE (BEING IN JAIL) IMPACTS ON HIS ABILITY TO VISIT AND PAY CHILD SUPPORT? NEED MORE FACTS.

SINCE YOU SAY HE IS IN JAIL, RATHER THAN PRISON, THAT SUGGESTS HE WILL BE GETTING OUT SOON.

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Answered on 2/28/02, 4:26 pm
Ken Koury Kenneth P. Koury, Esq.

Re: custody

I dont think the warden of the prison would allow him to have her live there.

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Answered on 2/27/02, 1:50 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: custody

Until he is released from prison he will have no visitation unless you take her to visit him. After he is released from prison, depending upon the crime he has been convicted of he may not have visitation even after he is released from prison.

Based on the limited information it seems unlikely that he would get an award of either legal or physical custody.

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Answered on 2/27/02, 2:17 am


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