QUESTION: My husband just found out that he may be the father of a 14 year old child. We would like some custody rights and would like a say in the child's life. The mother is difficult to deal with and we are not sure what to do. We want to know if we will have to pay back child support once paternity is verified. Can we get visitation if paternity is verified?
MY RESPONSE: If the mother was on welfare, there may be a need to reimburse some of the welfare payments for the child's support, but likely not 14 years of payments. If your husband wants to assert rights to custody and/or visitation, he should actively participate in a Paternity (Uniform Parentage Act) case. If he learned of the child only through the support agency case, he will need to file and pursue a Paternity case, seeking custody and visitation rights to his child. I assume that he has taken a DNA test to establish whether or not he is the child's father. If the test results clearly indicate that he is the father, he should waste no time in pursuing his custody/visitation rights in a Paternity case. Since he has not been in the child's life for the first 14 years, the Court would likely issue visitation orders which start with a little time with the child, and subsequent step-ups. You would have no rights or obligations in connection you’re your husband’s child – the child aready has a mother. Your husband would best be served by retaining an experienced Family Law Attorney, ASAP.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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