Sacramento, CA asked in Family Law for California

Q: i have a 15 month old son who's dad is not present in his life whatsoever. he asked for visitation that i dnt want given

he asked for a paternity test and it came back proving he is the biological father. then he turns around and files for visitation. all this was done while my son was 4-6months old. i have not responded to these papers because since the day i was discharged from the hospital i have not seen my sons father. when i was given the papers which i didnt feel were necessary i would drop my son off voluntarily to my sons father grandmother and i would never see my sons father present at the time of drop off and pick up. i have physical custody of my son i just want to know is it possible that i can leave to Oklahoma and file for full custody out there. by the way i live in Sacramento and so does my son

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: If paternity has been established both biologically and legally, then the father has the right to have visitation and custody. The actual implementation of this can be tricky if the parents live in different states. Visits might be every few months instead of every week.

If your son lives in Sacramento County, the dad would most likely have to commence a case for visitation, custody, etc in Sacramento County. By seeking visitation and custody, he would also be opening himself for having to pay child support each month.

Andy

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