Legal Question in Family Law in California

My partner and I are leaving a 6 year relationship. She has a child from a previous marriage who I have lived with, raised, financially supported, and acted as a parent to for 6 years. Since the end of the relationship, this past week, my partner refuses to let me see our child, and says she will continue to do so in the future. We are not registered domestic partners (in CA gay marriage is not recognized and this would've been our only option), we live in California and our child is 10 years old. Do I have any rights to visitation?


Asked on 1/26/11, 11:30 am

3 Answers from Attorneys

Betty Freeman Law Offices of Betty w. Freeman

no

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Answered on 1/27/11, 3:02 pm

If you had registered as domestic partners (not sure why you think you couldn't, since that exists specifically because gay marriage is not recognized) the answer might be different, but since you did not, I have to agree with Ms. Freeman.

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Answered on 1/28/11, 11:54 am
Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office consultation with a qualified family law practitioner.

Another view to how you might handle this case would be if you have any alliance with the other biological parent. If that parent supports a return to court to include your visitation in a timeshare design, this may open the door to your continued contact with the child. More attention is being paid to this 3rd party visitation issue by mental health care practitioners. They recognize that this unofficial parenting relationship is very important for the best interests of the child.

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Answered on 1/31/11, 11:40 am


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