Legal Question in Family Law in California

Re: chances of sole custody

In California, you would be guilty of violating Penal Code Section 278.5 if you were to leave the country with your son in order to deprive his father of custody or visitation (whether an order has issued or not). Section 278.7 may apply where you are trying to protect your son from harm. However, you must make a report to the District Attorney in the county in which the child resided within 10 days and begin custody proceedings within 30 days. Contact me by e-mail if you have further questions.

Re: chances of sole custody

First of all, your ex-boyfriend has to prove to the court that he is the father before he can get any custody order. Then, his habits can be brought up regarding custody. If nobody files, then, there will be no restraining order issued by the court preventing you from taking your son to germany. Try to work a schedule where the father can meet you at the park or some other safe location for visitation. Also, have somebody with you if he tries to take your son. Then, if he does, you can always call the police. Good luck and thanks for inquiring.

Re: chances of sole custody

if you email me with more specific details and your contact information, my law firm can give you a free case consulation/evaluation on your legal options in this matter.

Reply: chances of sole custody

If there are no court orders in place, there is nothing preventing you from leaving the state with the child. If there are court orders in place, they need to be reviewed by a family law attorney before you do anything.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues including child custody and support at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net