Legal Question in Family Law in California

Can a non-relative petition the court for visitation of a child that previously was under their care for 5 months? This child was a friend of the family's child, The mother. She was using drugs and the father was not around. The child began staying full time with us in January, she was 3 months old. In April of the same year the father appeared and filed for custody of the child although he was not on the birth certificate. My husband is actually the father on the birth certificate. He signed a voluntary paternity declacration. The father was granted custody of the child due to the mother's drug use in May. Now the father will not allow us to see the child. We have had contact with the child every other weekend visits that the mother gets the child. but due too her drug use she is inconsistant. we would like to know if we can petition the court for visitation.


Asked on 4/23/12, 1:52 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

This situation falls into a developing yet currently unresolved area of family law. The court focus of supporting the child's best interest has evolved to recognize in some limited circumstances the benefit of sustaining important child and third party relationships. You may wish to consider filing for guardianship of the child and consolidating that action with the family law case. You really need the assistance of an experienced family law attorney. I practice in all Bay Area Northern California counties including Solano. My office is located in San Ramon. I offer free initial consultations 925-743-8666.

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Answered on 4/23/12, 2:18 pm


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