Panorama City, CA asked in Family Law and Child Custody for California

Q: the mother of my child wont let me see my child didn’t tell me she gave birth so I’m not on birth cert what can I do?

Her father threatened to call the police if I show up to visit my newborn

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, both parents have rights to their child, regardless of the relationship status or if the father's name is not on the birth certificate. If you are not being allowed to see your child and you wish to establish paternity and seek custody or visitation rights, the first step is to establish legal paternity. This can be done by filing a petition with the court to establish paternity, which may involve a DNA test if paternity is contested.

Once paternity is established, you can request custody or visitation rights through the court. The court's primary concern is the child's best interest, and it will consider factors such as the child's health, safety, and welfare, the nature of the relationship with each parent, and any history of abuse or neglect. It is important to approach this process with the intent to cooperate and establish a parenting plan that supports the child's well-being and relationship with both parents.

Given the seriousness of threats and the complexity of legal proceedings, it may be wise to seek legal guidance. A legal professional can help navigate the process, represent your interests, and work towards a resolution that allows you to have a relationship with your child. Remember, the legal system provides mechanisms to resolve these issues and protect your rights as a parent.

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: File a parentage action and file a motion to get immediate temporary visitation orders.

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