Legal Question in Family Law in California
Hi name is Casey I'm 24 years old and my girlfriend of over 10 years recently took our three old year boy Iren and moved out of our home and into an apartment with her new boyfriend. She left sometime back in October 2010, and since then we have informally shared custody of son, I get him four days a week she gets him three. However since she's been gone I've noticed that I am barely able to afford rent let alone other living expenses such as food as I live on a limited income and receive social security due to my childhood disabilities. Because of this I sought welfare aid for Iren and was denied any services as his mother had already applied and was receiving aid for our son. How come she gets aid for our son when he lives with me most of the time? How will this affect me? Since I couldn't get any aid via welfare I was going to go ahead and try and get Iren on my social security, and when I asked my ex about whether or not she was receiving any aid she denied it, and I feel she's not shooting staight with me, and I am in desperate need of advice as I do NOT want to loose all rights to my son. What should I do? my mother is presuring me file for joint legal custody and joint custodial custody, but I don't know what that means or how to go about it. Please help as I do not want my ex to move my son far away.
1 Answer from Attorneys
Informal is fine but you really need to take her to court to get paternity established and custody rights. You need to be clear on what the custody rights are of this child and what the resulting child support will be. If you are the primary parent then she should probably be the one who is providing child support to you. You should consult a local attorney and your local law library on how to start a paternity action.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com
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