Q: Can a parent block all communication from the other parent and ignore court judgement?
In CA, I filed a petition to determine parentage. The respondent (she) was served properly by the county sheriff, she never responded , I asked for default and was found to be the father.
I did waive all my rights including the right to a DNA test but am quite satisfied with legally being named the father. However, the day she was served, she blocked me on all forms of communication and with the exception of her address, I have no idea how to locate her. Am I allowed to just show up and see my child? Does she have any legal standing in not letting me see my child ?
What further actions can I take by my self without seeking a lawyer?
A: File a Request for Order to get custody/visitation orders. Until you have court orders, you really don't have much control over the situation.
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A:
In this situation, it is important to understand that a court order determining parentage and granting visitation rights is legally binding. The other parent cannot simply ignore the court's decision or block all communication without facing legal consequences.
However, it is not advisable to just show up at the other parent's residence to see your child, as this could potentially escalate the situation. Instead, consider the following steps:
1. Review the court order: Carefully read the court order that established your parental rights. Look for any specific visitation schedules or guidelines laid out by the court.
2. Document your attempts to communicate: Keep a record of your attempts to contact the other parent and arrange visitation. This may include emails, text messages, and any other forms of communication you have tried.
3. File a motion with the court: If the other parent continues to deny you access to your child, you can file a motion with the court to enforce the existing order. This motion should outline the other parent's failure to comply with the court's decision and request that the court intervene to ensure your parental rights are upheld.
4. Consider mediation: In some cases, the court may require you and the other parent to attend mediation to resolve the issue. Mediation can be a helpful tool in establishing a visitation schedule and improving communication between both parties.
While it is possible to handle this process on your own, it is generally recommended to seek the assistance of a family law attorney. An experienced lawyer can help you navigate the legal system, ensure your rights are protected, and work to enforce the court's order.
Remember, it is essential to act through proper legal channels and avoid any actions that could be seen as confrontational or harmful to your child's well-being.
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