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Posted Jan 29th, 2012
Do I have to file for actual custody of my daughter, even though I have had her since birth?

Additional Details:
Her father and I are unmarried, he has been delinquent except for paying minimal child support (less
than 100 dollars per month) for the past 5 years. He has made no attempts to be involved in her life
whatsoever. She has no knowledge of him. Now, right before her 5th birthday, he is coming to me and
saying he would like to see her. I would like to have the right to say no If I deem it to be an
unhealthy addition to her life and psychologically traumatic at a pivotal point in her life. What
are my rights? Do I have automatic custody or do I have to file for it? Does he have automatic
visitation rights because he is her biological father? Where do I go to find out what my options
are?
Legal Topic Area: Family Law in CA

Generally, when the parties are not married and have a child, the non-custodial parent (father in your case) really has no rights per se. He (or you) would be required to file a Paternity action (Complaint to Establish Parental Relationship) with the courts for the court to establish that legally he is the father (even though there may be no dispute about it). He or you would also set a hearing with the court (Order to Show Cause) to set up some temporary custody and visitation rights. Absent a court order you have no legal obligation to allow him visitation.

This response is general in nature and should not be considered legal advice.


Answered on Feb 1st, 2012 at 5:30pm