Jersey Shore Reality Star “Pauly D” in Custody Battle

Jersey Shore Reality Star “Pauly D” in Custody Battle It has recently been in the news that “Pauly D” of MTV’s reality show, Jersey Shore, has a six month old child, he was previously unaware of. Since finding out the news, Pauly D has reportedly been making efforts to meet his daughter and obtain custody and visitation orders. According to TMZ.com, at one point, Pauly’s lawyers requested 2 weeks of visitation with the infant. Not surprisingly, the child’s mother’s refused to allow such an extensive visit, and demanded that Pauly’s visitation with the child was supervised instead. Pauly’s case presents several family law issues.

Pauly has reportedly filed paperwork requesting custody and visitation orders with the court. This situation is unique in two ways: First, the child is so young. Second, Pauly has no relationship with the child whatsoever. With a child this young, it is not likely that the court would order extensive visitation with Pauly just yet. This is especially true since Pauly has no relationship at all with the child at this point and the mother has been the sole parent in her life. Pauly is a complete stranger to the child, and actually, to the mother as well. In cases like this, the court tends to proceed with caution. Thus, it is likely that if the mother continued to refuse to allow Pauly unsupervised time, the court could back her up and order that Pauly’s initial visits at least, are supervised.

There is no doubt that Pauly will also likely have to deal with a request for child support sometime in the near future. Pauly has obviously anticipated this, as TMZ.com has reported that he has claimed that the mother is treating the baby like a “winning lottery ticket.” Some may argue that just because of this baby, the mother is going to receive a windfall in the form of child support. However, California law is clear that the child is entitled to share in the standard of living of both parents, even if it means that the standard of living of the custodial parent will increase.

Pauly could even be ordered to pay some or all of the mother’s attorney fees and costs, depending on her financial situation. This is because California courts have the discretion to order payment of attorney fees and costs by one party where there is a disparity in access to funds and one party has the better ability to pay.

As Pauly’s case makes clear, there are numerous considerations when children are involved in family law cases. At Mello & Pickering, LLP, we can discuss your rights and options with you as it relates to a child in your care, or a child you wish to obtain visitation with. Call us at (408) 288-7800 or email us at mpllp@sjfamilylaw.com to set up a free consultation or a one hour in person appointment.

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