Van Nuys, CA asked in Child Custody and Child Support for California

Q: Can I stop communication?

My daughter dad is not on the birth certificate. He’s been paying child support since she was 2/3 no visits set in place. He use to see her maybe 1-2 times a year and now been 2 years he’s not seen her. He doesn’t call to talk to her ever and now it’s been over a year he hasn’t paid child support. Can I officially cut contact with him? If I cut contact can he take me to court?

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2 Lawyer Answers

A: You can do whatever you want. If you don't have any court orders mandating when, how or even whether you communicate with him, you don't have to.

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James L. Arrasmith
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Answered

A: You can stop communication with your daughter's father if you feel it's in the best interest of your child. Since he isn’t on the birth certificate and hasn’t been consistent with support or visits, you may not be legally obligated to maintain contact. However, this doesn’t necessarily prevent him from trying to re-establish a connection or take legal action to request visitation or custody rights.

If you stop communication, he could still potentially take you to court to assert his parental rights, especially if he has been paying child support in the past. If he decides to go to court, the judge will review the situation and decide what is in the best interest of your daughter, including whether he should have visitation rights or continue paying support.

It may be helpful to consider whether you want to formally address these issues in court, either by pursuing legal documentation of his rights or seeking advice on how to protect your daughter’s best interests going forward. Keeping records of his lack of involvement and unpaid child support might also help if the situation escalates legally.

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