Legal Question in Family Law in California

if im a minor dad, and me and my girlfriend arent together nomore and the baby lives with her,but the mother live with her parents and say i cant have the right to have the baby visit me and stay the night ,even if my parents help me aswell as much they do to support the baby. can i take her to court if she doesnt agree?and also if she wanted to still get child support and i was still supportant the baby can she ?


Asked on 8/02/11, 12:53 am

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You both have equal rights to the baby, but you will have to prove paternity first if you did not sign the birth certificate. If you are able to obtain joint custody on a 50/50 rotation, and both of you are still in school (hopefully), then it isn't likely that support would be ordered. Not really enough to say for certain, but basically if neither of you have anything and both your parents are supporting you, there is nothing to really split.

At some point, you are going to be liable for supporting your child. If you let her have custody for the majority of the time now simply because she is threatening you with child support, it will hurt you later. The less visitation you have, the more you pay, and I guarantee that at some point she will be hitting you up for support.

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Answered on 8/02/11, 1:28 pm


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