Legal Question in Family Law in California

My ex and I broke up 14 years ago, she disappeared once we broke up. I attempted to contact her several times with no success. We have a son together, my name isn't on the birth certificate. We finally saw each other in an outing last year and since then, I have had to contact with her. I set up an account where I deposit money monthly. I guess she isn't happy with the amount I'm giving, so she files a complaint with Department of Child Care services and she moves him out of state to live with her sister. I'm not on his birth certificate and we are actually meeting this weekend so I can sign it, but I'm worried as to why she took him out of CA to move to Oregon. She filed the complaint there, but she doesn't even live there, she lives in CA. How hard would it be to get custody of him?


Asked on 11/05/09, 3:45 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

The first thing you need to address is the case in Oregon. Generally, you have to live in a state for a certain period of time before you can file an action in that state. If she isn't living in Oregon, you need to file a Motion to Quash Process of Service as Oregon cannot hear the case if your ex does not meet the residency requirements. Then you need to file a paternity action in California in order to obtain a custody/visitation order.

If you need further help with this, please contact my office. Good Luck.

Read more
Answered on 11/12/09, 3:50 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California