Is There a Statute of Limitations for Requesting Visitation

[autysummymummy]

My question involves a child custody case from the State of: California.

Ok, here's my dilemma. My youngest daughter has no one on record as her father currently. Her father walked out on both of us 2 months into the pregnancy. I've basically been living in hiding since learning the man I was left to assume was her father isn't (her father had been declared as sterile because of his military service which also left him mentally unstable) and fear for our safety should he manage to find us. I do have another child from my marriage prior to the relationship that resulted in my almost 2 year old daughter. Since she was born, I have only heard from him one single time a month before her first birthday. I am concerned that his mental instability and knowledge and ownership of military weaponry will pose a significant threat to her safety and life should he find us, but also am aware of her rights as his daughter. Is there a limit as to how long he has to step up and request visitation or even to establish a relationship with her once it is documented that he is her father or will he always have that right? I do recieve welfare for her and child support is a requirement on their part, but since cooperating fully with them and providing all the information I could to help them locate him, also making them aware that I have been hiding from him because of his mental instability I don't believe they will be persuiong him for child support and aven't heard any more on that matter in about a year now. I would like for her to one day, much later down the line have the ability to have legal documentation to show who her father is. Basically, is there a way I can get it documented that he is her father without having to fight to have things stay how they are with no contact whatsoever from him. Sorry for the typos, this site is.t mobile phone friendly and it won't let me fix them.

[Antigone]

My question involves a child custody case from the State of: California.

Ok, here's my dilemma. My youngest daughter has no one on record as her father currently. Her father walked out on both of us 2 months into the pregnancy. I've basically been living in hiding since learning the man I was left to assume was her father isn't (her father had been declared as sterile because of his military service which also left him mentally unstable) and fear for our safety should he manage to find us. I do have another child from my marriage prior to the relationship that resulted in my almost 2 year old daughter. Since she was born, I have only heard from him one single time a month before her first birthday. I am concerned that his mental instability and knowledge and ownership of military weaponry will pose a significant threat to her safety and life should he find us, but also am aware of her rights as his daughter. Is there a limit as to how long he has to step up and request visitation or even to establish a relationship with her once it is documented that he is her father or will he always have that right? I do recieve welfare for her and child support is a requirement on their part, but since cooperating fully with them and providing all the information I could to help them locate him, also making them aware that I have been hiding from him because of his mental instability I don't believe they will be persuiong him for child support and aven't heard any more on that matter in about a year now. I would like for her to one day, much later down the line have the ability to have legal documentation to show who her father is. Basically, is there a way I can get it documented that he is her father without having to fight to have things stay how they are with no contact whatsoever from him. Sorry for the typos, this site is.t mobile phone friendly and it won't let me fix them.

At this point the State does have this man listed as the child's father and the support you receive, he is being billed for and the State will collect from him. So is this man actually the child's father or just the man you think is her father? You do need to realize that support and visitation are two separate matters.

[autysummymummy]

No DNA test or declaration of paternity have been done, he is not listed as her father nor does he pay support. He is her father because he was the only man I was with when I actually got pregnant. I had been left to assume the other man who did submit to a DNA test and proved she isn't his because I'd the drs declaring her actual father to be sterile and unable to conceive a child. The mentally unstable veteran is herfather and I would Luke to keep him from being able to see her for her safety.

[Antigone]

No DNA test or declaration of paternity have been done, he is not listed as her father nor does he pay support. He is her father because he was the only man I was with when I actually got pregnant. I had been left to assume the other man who did submit to a DNA test and proved she isn't his because I'd the drs declaring her actual father to be sterile and unable to conceive a child. The mentally unstable veteran is herfather and I would Luke to keep him from being able to see her for her safety.

Until he files for paternity and visitation there isn't anything you can do.

[autysummymummy]

I don't want anything to change is what I'm getting at, I want to keep him out of her life! I am trying to figure out if there is a way to have him documented on record as her father but still keep things as they are with him not seeing her

[Antigone]

I don't want anything to change is what I'm getting at, I want to keep him out of her life! I am trying to figure out if there is a way to have him documented on record as her father but still keep things as they are with him not seeing her

The answer is NO. You cannot have your cake and eat it too.

[autysummymummy]

Are you a lawyer? Because I came on here seeking LEGAL ADVICE. Not some egotistical narcissist who isn't even using actual legal terms or quoting from any actual laws not actually understanding what it is that I want to know. I have my cake and its very delicious thank you! I could care less if he ever gets declared her father, but for the sake of her future knowledge is the only reason I'd want his name to have any sort of ties to her!

[Antigone]

Are you a lawyer? Because I came on here seeking LEGAL ADVICE. Not some egotistical narcissist who isn't even using actual legal terms or quoting from any actual laws not actually understanding what it is that I want to know. I have my cake and its very delicious thank you! I could care less if he ever gets declared her father, but for the sake of her future knowledge is the only reason I'd want his name to have any sort of ties to her!

You got accurate legal information. It is shameful to think that you signed up for this site and never even bother to read the terms of service. Not a very informed consumer, are you.

[gator1]

Once this man is legally acknowledged as the father, and he seeks visitation, he will likely get it.

And this is because of the constitutional rights parents have to their children and the legal presumption that continuing contact with both parents is in the child's best interests.

So the legal burden of proof will be on YOU to establish the father is unfit to have access to his child, or that his access be restricted. While it can certainly be done if the facts warrant it, that is not an easy road, and will require an attorney.

The "statute of limitations" on seeking court ordered visitation runs out once the child is legally an adult

[autysummymummy]

So, what you're saying then, would be that someone psychologically deemed to be mentally unstable and is trained to kill from several years of service in the military is still deemed to be suitable enough to be involved in a child's life when he's already been 100% absent for the first almost 2 years since the child in question is almost 2 and would require a lawyer to prove what's already documented? Being on welfare, it is a requirement that the 'absent' parent pay child support with few exceptions, one of which being the potential of a threat to the childa safety as is in this case. I have fully cooperated with the agencies in my area concerning that matter as well as informed them of his mental status and military training. It's been a year now since providing them all the information I had on him including his social security number and yet there has been no action as to even establishing paternity. I'd say its safe to assume that the county I live in agrees that he poses enough of a threat to .not peruse support for my child and I plan to continue hiding out from him to protect my child unless otherwise instructed by one I'd the local agencies here and continue to avoid locations known by me as ones he would frequent. Can't serve a person if you can't find them, right? And it worked out great since my divorce and name change took place well after he chose to abandon me so early into the pregnancy