Q: Does father have right to keep child?
My child’s father has recently asked to be involved. Prior to reaching out, we went to child support court and paternity was established through court ordered dna test. Child support was set at 0% visitation. He is also not on the birth certificate. Could he take her from me if we have no visitation order or custody agreement?
A:
In California, both parents have rights regarding their child, but these rights need to be legally recognized and structured, especially in situations where there's no established custody arrangement. Since paternity has been established and child support set, the father does have certain legal rights concerning the child.
However, if there's no formal visitation or custody agreement in place, he doesn't have the automatic right to take the child from you. Normally, custody and visitation rights are determined through a court order. In the absence of such an order, you retain physical custody of your child.
If the father wishes to be involved in the child's life, he can request the court to establish a formal visitation or custody arrangement. This process will involve the court reviewing what's in the best interest of the child and then making a decision accordingly.
It's important for you to understand your rights and the legal process in such situations. If you're concerned about custody and visitation issues, it might be advisable to consult with a family law attorney. They can provide guidance on how to proceed and represent your interests in any legal actions related to custody and visitation.
Remember, the well-being of your child is paramount, and the court's primary focus will be on ensuring their best interests are met in any custody or visitation arrangements.
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