Legal Question in Family Law in California
I have a 7 year old child who has lived with me (mom) since he was born. The father and I were never married and my son has my last name. The father is however on the birth certificate-he was added to it after turning in an Affidavit of Paternity form. In the 7 years of his life his father has not supported financially or in any other way. He has gone years with no contact at all. My question is this, how do I go about getting sole legal custody (court ordered doc) so that I don't have to try to track down his father for things that may require both parents giving permission?
2 Answers from Attorneys
File request for order, FL-300, and check the box for child custody/visitation. State the details of your case in the declaration, file with the court, and serve the opposing party. That will put the issue in front of the court.
A request for order motion is only a starting point concerning this custody matter. If the father opposes the parenting plan and custody order that you propose, the matter may have to go before the court on a contested hearing. Please meet with an experienced family law attorney to explore your legal options. Filing and serving a motion of this nature is not just "add water and stir"...you must understand and properly interpret the legal issues that are relevant to your case.
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