Q: We relocated when she was 2 to California and there are no custody or anything like that she doesn’t have his last name
We relocated when she was 2 to California and there are no custody or anything like that she doesn’t have his last name and he is not on the birth certificate,
Although he has not had any contact in 9 years he decided to actually call yesterday and I let her talk to him for the first time ever .
Is there anything legal I should be worried about?
A:
It depends on what worries you.
As the alleged father, he can petition a court for parentage. He hasn't done that in 9 years. Who knows if he ever will. But, if he does, he will be asking for the rights and obligation of a parent. In over-simplified terms, that's the right to visitation and the obligation of support.
The reality is that, for a 9-year absence, any FCS recommending counselor (the person the court orders you to speak with regarding a custody plan) is not going to order 50/50 custody and visitation. It will be a step-up plan; introducing calls and visits (maybe supervised), then gradually increasing if visits go well. And the court would order guideline support based on whatever custody order was put in place.
Good luck.
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