Chula Vista, CA asked in Child Custody and Family Law for California

Q: Hello i want to know what rights do i have over my domestic partners child? I have not adopted her,.

Related Topics:
1 Lawyer Answer
Chris M. Bradford
Chris M. Bradford
  • Divorce Lawyer
  • Santa Monica, CA
  • Licensed in California

A: What do you mean by "rights over" the child? The right to discipline the child? Answer: No, because you are not the parent or guardian. The right to make decisions about the child's health, education or welfare, such as residence, school, doctor, have an operation? Answer: No, because you are not the parent or guardian. The right to the child's earnings or monies? Answer: No.

Have you broken up with your domestic partner? Under Family Code section 3100 reasonable visitation rights may be granted to any person having an interest in the welfare of the child, but it is totally up to the judge. There is no absolute right to visitation. This is assuming you have broken up. You would have to show that it is in the best interests of the child to have the visitation with you.

Even more difficult than visitation rights with the child would be to take over parenting duties of the child. This would be a very steep uphill battle in what is called a "guardianship" proceeding. If you want custody of the child, you would have to show that it is not in the best interests of the child to be with his or her parent. There would have to be something seriously wrong with the relationship between parent and child for a guardianship to be granted.

When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.

Also there is no requirement that you talk to an attorney in your area. Any attorney licensed in California can help you no matter where you live as long as the issue is in California. The interview would be done by phone, Zoom, Skype, Facetime or some other type online method. Even if the attorney is in your area, many attorneys are only talking to people this way due to the Covid pandemic, so you couldn’t have an interview in their office anyway. Give one of us a call. We are here to help.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.