“A father’s rights in California on child custody cases and every other aspect of divorce and family law are identical to that of the mother,” Kenneth Demerle, the family law attorney Inga had acquired for him said. Bjorn looked up in surprise. He had heard different.
“Are you surprised? Did you think your paternal rights as a father were less important?
“You might have thought that because I am sure you have spoken to at least one person who has told you fathers get screwed in California family court. While the person may not have been that blunt, I hear this all the time from prospective clients who call me. Fathers tell me that they have heard dads do not get the same treatment in family court as mothers or that father’s rights in California is often trampled upon,” Demerle said.
“And they are not?” Bjorn asked.
“Paternity actions are not a doom and gloom scenario for dads like you. Just because you are a father in California, and especially if you are the breadwinner, does not mean you get the short end of the stick when it comes to seeing your children, and paying or receiving support. There are things you can do to protect yourself and it’s important that you know what your rights are as a father in California with all of these issues is,” Kennedy said as he leaned forward in his seat, following Bjorn’s progress as he paced around his office.
“And what about establishing paternity? Can we do that when she’s still pregnant? If it's mine, I want it born into my custody.”
Kennedy sighed and shook his head, “California law favors joint legal custody for parents. It explicitly prefers parents to share in the decision-making process related to the child. Joint legal custody in California is all about share and share alike. It is about sharing information related to the child and making decisions mutually as opposed to one parent making important decisions in a child’s life. Joint legal custody includes decisions and sharing of information about a child’s health, safety, education and general welfare.”
“And there is no changing that? No loopholes?” Bjorn asked.
“An unborn child obviously cannot be anywhere other than the mother’s womb so child custody and parenting time don’t apply until the child is born. However, an unborn child can be the subject of a child support order. California law states that child support obligations can start even before the child is born.
“For a father like you, the most important thing is to stay involved in the process and if the mother excludes you from it then that is what I’m here for. If she does go ahead and exclude you, then it’s a point in your favor. However, the judge is likely to rule for mediation in this case and that is the best case scenario for us because then we can negotiate with the mother’s attorney to obtain custody of the child. You say she’s likely after money?”
“Yes.”
“Are you willing to…compensate…her for giving you full custody.”
Bjorn was silent for a while, staring out the window. Then he turned to look at Demerle.
“Yes I am,” he said.
“Oh my God you’ll never guess what happened!”, Amy burst into the apartment scaring Samara half to death when she was trying to research pregnancy on the internet.
“God Amy, don’t do that!” she screamed, heart going a mile a minute.
Amy ignored the screaming, “You won’t guess whose in town.”
“I..who?” Samara gave up and asked.
“Bjorn Fredriksen!” Amy screamed. Samara winced taking a step back.
“What do you mean he’s here?”
“I mean he’s here!” Amy said.
“Okay…I got that. How do you even know?”
“I was having lunch with my dad at Nobu and he told me about it. He said he ran into Bjorn at the country club; they discussed golf and stock prices and surprise surprise. Me! Apparently I’m suddenly interesting to Bjorn. Hmm, I wonder why. Could it be because of who I’m friends with?”
“But…I didn’t tell him about you,”, Samara protested.
“Oh yeah coz a guy like Bjorn doesn’t have the resources to check up on you? You think you were going to tell him you’re having his baby and he wouldn’t do a background check on you?”
Samara shrugged, “I didn’t…really think. Not about any of this I guess.”
“Yep. You sure didn’t,” Amy said.
“Hey!”
“What? I’m just being real…telling it like it is. Don’t hate the player, hate the game.”