Legal Question in Family Law in California
I have 2 kids with my ex-boyfreind. I allowed him to take them from WA to CA for a 2 week visit. Now they are enrolled in school. I had originally put a hold on my youngest's school records, but she likes the school and I was planning on moving to CA, so I released the records.
My ex continually monitors/intercepts phone calls and if I don't say what he wants, won't allow me to talk to the kids. I was just down there for 4 days for my son's birthday and was never allowed to see the kids. I didn't call the police because I didn't want to traumatize the kids. We have nothing in writing as far as a parenting plan, etc.
What are my rights in CA as far as custody? I have never been away from my kids for more than 2 days and now it's been almost 6 weeks since I've seen them. Do I need to go legal? I plan on moving there so the kids can stay in the same school and be near Dad....What do I do first and what kind of resources are out there for low-income people (Butte County, CA).
Thanks,
Ele
1 Answer from Attorneys
You need to get out here to CA ASAP, since you say you don't want to move them back to WA. You have just as much right to the kids as he does (more if he has not established paternity by signing the birth cert, etc), but it is of little use as long as your plan to move here keeps you in limbo. When you get here, make an appointment with the Family Law Facilitator. They can help you with filling out and filing your paperwork, etc. If he isn't going to allow you to be a parent, you may have to play hardball at some point. Otherwise, you are depriving your children of a parent, just as much as he is. Yes, it is hard on the kids to have police involved, but it has to be traumatizing now, if you have not been away from them for more than two days in the past.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
