visitation of a child of whom I am not the biological father

[LdiJ]

OP is NOT a grandparent. He MIGHT qualify as a de facto parent. THEREFORE it is NOT EXACTLY the same. Though you are in your own little world and might lump it all together. Even though it is different.

I think that is enough to prove my point.

 

[tratlewis]

Who is the child's legal father?

Where is the biological father?

We know who the biological father is.....He has chosen to not be in her life

 

[Proserpina]

We know who the biological father is.....He has chosen to not be in her life

How do you know who the biological father is?

Who is the LEGAL father of the child?

 

[tratlewis]

Why did you lie to this child?

I didn't want to child not have a father I took her all her remaining appointments I was even there for the birth....the biological father just doesn't want to have anything to do with this wonderful little girl.....I am her father I take care of her when she's sick give her mom money for what ever she needs...I just don't share the same blood

 

[Proserpina]

I didn't want to child not have a father I took her all her remaining appointments I was even there for the birth....the biological father just doesn't want to have anything to do with this wonderful little girl.....I am her father I take care of her when she's sick give her mom money for what ever she needs...I just don't share the same blood

You need to answer the questions.

 

[Proserpina]

To certain others: please, leave Troxel out of this.

We're discussing California, and their guidelines are far less clearly defined than most other states in terms of what constitutes de facto parenting and/or third party rights.

 

[tratlewis]

Why did you lie to this child?

Unless it is now possible to alter a human's DNA, you did not step in as the child's father. What you did was lie to a child that you have no legal ties to. This is not your baby. Now a 5 year old little girl will get a very nasty surprise, that her daddy is not her daddy at all.

How do you know who the biological father is?

Who is the LEGAL father of the child?

We know who the father is because she was pregnant with the children before the mother and I reconnected

I would assume the biological father is the legal father but he refused to sign the birth certificate

 

[Proserpina]

We know who the father is because she was pregnant with the children before the mother and I reconnected

Big problem here. She could have slept with half of the country in that time period. Only SHE knows. And perhaps not even then.

I would assume the biological father is the legal father but he refused to sign the birth certificate

Don't assume anything.

Despite what certain member/s have stated frequently about de facto parent status only being applicable if neither natural or legal parent is available, that is not only not true in general but it's certainly not true for California.

OG's posts are more accurate here.

Get yourself to an attorney. Don't hold your breath - really, your chances aren't great here. But they are not dead, either.

 

[mistoffolees]

Big problem here. She could have slept with half of the country in that time period. Only SHE knows. And perhaps not even then.




Don't assume anything.

Despite what certain member/s have stated frequently about de facto parent status only being applicable if neither natural or legal parent is available, that is not only not true in general but it's certainly not true for California.

OG's posts are more accurate here.

Get yourself to an attorney. Don't hold your breath - really, your chances aren't great here. But they are not dead, either.

I agree with all of that.

I'll just add that, as in so many things, CA is quite odd here. From what I've been able to find, the statute only says that de facto parents have the right to attend hearings. It does not specifically grant them the right to visitation, but visitation can (and is) sometimes granted to de facto parents.

That's unlike some other states where the statute allows for de facto parent visitation, but unless you have stone tablets from Mt. Sinai, you probably won't get it.

That is just one example of why a local attorney is important. On things like de facto parent rights, it varies quite a bit from judge to judge and is not completely controlled by statute.

 

[LdiJ]

I agree with all of that.

I'll just add that, as in so many things, CA is quite odd here. From what I've been able to find, the statute only says that de facto parents have the right to attend hearings. It does not specifically grant them the right to visitation, but visitation can (and is) sometimes granted to de facto parents.

That's unlike some other states where the statute allows for de facto parent visitation, but unless you have stone tablets from Mt. Sinai, you probably won't get it.

That is just one example of why a local attorney is important. On things like de facto parent rights, it varies quite a bit from judge to judge and is not completely controlled by statute.

CA case law is also all over the place on the issue. There is more definitive case law for gpv, but for the rest, its a bit all over the place.

 

[mistoffolees]

CA case law is also all over the place on the issue. There is more definitive case law for gpv, but for the rest, its a bit all over the place.

You said earlier in this thread that there was NO case law where an unrelated individual got visitation. How could it be all over the map?

You really ought to try to keep your fantasies straight - at least straight enough that you don't contradict yourself in the same thread.

Yep. May Day.

 

[LdiJ]

You said earlier in this thread that there was NO case law where an unrelated individual got visitation. How could it be all over the map?

You really ought to try to keep your fantasies straight - at least straight enough that you don't contradict yourself in the same thread.

Yep. May Day.

Its all over the map about third party visitation...which includes other family members, stepparents etc. I haven't seen any cases at all about non-stepparent, non-related parties...unless of course you want to include the issues with gay families.