Legal Question in Family Law in California

2nd time serving my ex girlfriend with Petition to Establish Parental Relationship documents. 1st time had an error. My question is complex. I am worried she has not responded because she wants to send this baby back to her country the phillipines. All the way through the pregnancy she has ignored me and when the baby was born I was never put on any of the paperwork like birth certificate, doctors, etc. My question is if she has a tickets and all passports to leave the country, who's to say the airlines will stop her from leaving? We are not married, and I don't leave close to her to see when she leaves, she lives in a different county. Also if she ends up leaving with the baby, can I then file kidnapping charges to her or the person that helped her out which would be her mother? How does that work? Thank you.


Asked on 5/23/14, 9:18 am

1 Answer from Attorneys

Unless you get her served properly, you have no rights at all. She has every right to take the baby wherever she wants. Scrape together the money for a licensed registered process server and have it done right before she leaves, or the only chance you might possibly have of getting the child back will be EXTREMELY expensive international custody litigation.

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Answered on 5/23/14, 10:17 am


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