Los Angeles, CA asked in Family Law and Child Custody for California

Q: Can my pregnant daughter keep the biological father away from the baby. He wanted her to have abortion.

They are not married, they were boyfriend and girlfriend. He is only afraid she will hold him financially accountable. She will not, but she wants to ensure that the father cannot bother the baby as it grows older

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1 Lawyer Answer
Crista Marie Haynes
Crista Marie Haynes
Answered
  • Divorce Lawyer
  • Redlands, CA
  • Licensed in California

A: Unfortunately the biological father does have Parental Rights that he can choose to assert if he so chooses regardless of your daughter's intent to seek financial assistance from him with regards to the child. However, if the biological father does not provide financial support to your daughter and the child for more than 1 year and/or does not see the child for more than one year your daughter can petition the court to Terminate his Legal Parental Rights and than she would be free to keep the child away from him indefinitely as the child grows older.

But your daughter should file for full custody with no visitation to the biological father once the baby is born and the father does not file first just to protect herself. If you have any further questions please do not hesitate to contact me.

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