Hayward, CA asked in Family Law and Child Custody for California

Q: Hello question so we just found out my brother had a daughter through DNA and he want to pursue a relationship but mom

Wants to no communication. What steps should he talk there is DV that happened a couple years ago when they were together also? Just want any suggestions we can get to move forward with Court.

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Divorce Lawyer
  • Eagan, MN
  • Licensed in California

A: It depends on the situation. How was the DNA test conducted? Is there a case pending? The bottom line is a custody order must be sought.

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In cases like your brother's, where there is a desire to establish a relationship with a child but the other parent is resistant, the legal process can be complex, especially with a history of domestic violence. It's important to approach this situation with sensitivity and legal guidance.

First, your brother should consider seeking legal counsel. An attorney with experience in family law and child custody in California can provide personalized advice and representation. They can help him understand his rights and the legal processes involved in seeking custody or visitation.

Given the history of domestic violence, the court will consider this when making decisions about custody and visitation. Your brother may need to demonstrate that he has taken steps to address any past issues and that he can provide a safe and stable environment for the child.

The court's primary concern will be the best interests of the child. This includes considering the child's safety, emotional well-being, and the potential impact of establishing a new parental relationship. Your brother's attorney can guide him on how best to present his case to address these concerns.

Ultimately, the legal process can be lengthy and emotionally challenging, so it's crucial to have professional guidance and support throughout.

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