Legal Question in Family Law in California
California: This is a question that involves an unmarried couple (relationship ended amicably) and a 2 month infant (born in CA) that is now in day-care (60 hrs a week). The mother, (a highly paid career woman), and I were trying to work amicably concerning the infant and avoid court. When I told her that I wanted to establish paternity legally, for my wish of joint legal and joint physical custody of the infant, she told me that she demands full physical custody of the infant (who now is in day-care), and if I plan to initiate a Parentage Case, then she will move away, transfer within her company to China (she is a US citizen), alert CA Child Support Services to get paternity established, hire a CA lawyer when she is in China, to represent her in California in her absence, and thus I will have zero time share with child, thus increasing child support payments to her (once paternity is established). Can she do that?? What should I do?
3 Answers from Attorneys
This is serious, you need to speak to a divorce attorney quickly. No court will award her 100% custody, you will share legal custody, she will likely get primary physical custody, especially if she is a stay at home mother. Here, because of her work, it will likely be 50% physical custody. She will not be allowed to take your child to China. If she does, she violates custody orders, and you will not have to pay her child support for a child she is breaking the law with.
Mr. Tuan is only right about one thing, that you should speak with a well qulaified family law attorney immediately. You should file for emergency, Ex-Parte orders precluding her from leaving with the child. Further, since she is not available for the child, there is no legal reason that you cannot get primary custody of your child. The courts will most likely order that she surrender your child"s passport, if the child has one, and that she not be able to leave the area will the child due to her being a flight risk. Seek local qulified help IMMEDIAETLY!
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