Oakland, CA asked in Child Custody and Child Support for California

Q: Is it possible to file for child support without the father getting visitation rights?

my son's father - my ex- abandoned us over a year ago, quit his job, and went back to his country. He recently came back, and is applying for work. Can i apply for child support without giving him the ability to spend time with my son? he is not trustworthy, can be violent, has no car insurance, and has several abandoned children with other women, among other things. basically, i want him to provide child support, but i want him banned from spending time with my son.

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

A: It depends. In general, child support and custody/visitation often go together, but do not have to. In other words, you can be ordered to pay support, but only get minimal visitation. It all depends on what the judge decides given what can be proven. The judge is probably going to assume you don't like the father, but mothers often don't like the father and vice-versa. The violence thing might be more significant.

However, California generally assumes that a child will be better off if he/she has frequent and continuing contact with both parents. In some cases, that is clearly not right and it is better to give no visitation, but that has to be proven.

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