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