Legal Question in Family Law in California

Do I have a chance as a Father?

I am a 27 tr old father of a 5 mth old son.I live with my parents in a well to do home.My girlfriends 4yr old daughter lives here too.I am a full time father to both while my girlfriend is deployed for a year in the military.I want to end the relationship with my girlfriend but I don't want to lose custody of my son. If I break up with her can she take him from his home here and move away? If so how can I stop that from happening? Can I KEEP custody of him?Please let me know my options . Thank You.


Asked on 7/13/06, 4:47 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Do I have a chance as a Father?

You would have the same rights as any other father in your position. The federal law prohibits suing a member of the military service when they are on active duty, and thereby unavailable. You should file a petition to determine paternity, and notify the court that she in on active duty. Ask the court for a temporary custody order, that would be reviewable when she returns and is available for court. The parent who has custody of the child has an advantage, assuming that the child is doing well with that parent. If you can afford an attorney then retain one, otherwise contact the local family court and ask about the family law clinic.

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Answered on 7/18/06, 3:24 pm


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