Is There a Statute of Limitations for Requesting Visitation

[EA1070a]

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

To what end? I'm very confused by your posts and don't quite understand what you're really asking.

If you are receiving public assistance, there's a very high likelihood that the state will go after him to recoup some of the monies they've paid out to help support your child. Keep in mind, it can be a very slow process because of how overburdened CSE is. I have never heard of a support agency in a public assistance case declining to go after a potential obligor because the mother claims he's unstable.

If / when they locate him, before a support order can be issued, they'll bring a paternity action. Once he is established as the legal father, he can file for visitation.

Military service won't preclude him from obtaining visitation. If you can prove he poses an actual, real threat to your child then visitation may be supervised. But arguing that he is a trained killer because of military service is not going to cut it.

If your question was can I get child support but cut him out of the child's life, the answer is no. This is where the having your cake / eating it comment comes into play.

There is no statute of limitations on establishing visitation in California. In fact, paternity can be established 2 or 3 years beyond the age of majority. I don't remember the exact timeframe right now.

If you want actual legal citations, you can read through the California Family Law Codes. http://www.leginfo.ca.gov/.html/fam_..._contents.html

Since you're receiving public aid, any support case would be a Title IV-D case. You can get more information by searching that term + California.

[aardvarc]

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

Yes - that's what we're saying. Being mentally unstable in and of itself isn't a bar to exercising parental rights or spending time with his child (that's why we have things like spervised visitation). He's the man you CHOSE to make a baby with. WHY you chose someone psychologically unstable, neither we nor the courts may understand, but the courts assume that your choice was a good one until and unless there is substantial reason based on ACTUAL EVIDENCE, not "what ifs" or "might happen" for the court to intervene in his CONSTUTUTIONALLY protected rights regarding his child (assuming he ever attempts to exercise those rights - if he doesn't then you've nothing to worry about).

and is trained to kill from several years of service in the military

Even people with NO military training can and do kill people, every day.

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?

Yes. Even if a parent has been absent, courts are perfectly willing to continue to encourage them to re-engage with their children, even a decade or more later.

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.

He's been absent. So if he hasn't been spending actual time with the child, then there haven't been any actual incident involving the child. Thus, the only threats so far are in your mind. The courts don't work on what MIGHT happen or what you fear may happen. They operate on what ACTUALLY has happened. If nothing has ACTUALLY happened, then yes, you can expect that he'd get full access to his child after a short period of supervised visitation.

I have fully cooperated with the agencies in my area concerning that matter as well as informed them of his mental status

You turned over medical records, notes from his therapy, what? They're not going to give weight to your non-medical opinion.

and military training.

People in the military frequently have military training. So?

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.

Have you actually gone down to the courthouse and filed a suit yourself? If he's not even established as the father, then he's not even in the ballpark of having any rights to enforce regarding the child - so why get yourself in a tizzy? If you're asking if you can stop him from filing something on his own, no, you can't. All you can do is fight anything he might try in the future - but you'll need MORE than just finger pointing and "what ifs".

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

No. Child support enforcement's job is going after money. It's the court's problem to sort out access to the child. Two separate processes with two separate entities.

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?

Theoretically, yes. You'll be able to hide for probably some good amount of time. Forever? Dunno. And if child support enforcement ever finds him and establishes paternity, that IS going to open the door for him to seek to become an active part of the child's life, if that's what he wants to do.