Legal Question in Family Law in California

Child custody when parents are not married

My son and his girl friend became parents while still teenagers. My son just turned 19, his ex just turned 18 and their child is one and a half years old. Their relationship is not good at all but he does love his child. He is not working right now but is attending school (college) and looking for work. She is on welfare. She is usually threatening to keep him from seeing his son if he don't do what she wants. Now her new thing is that she talked to a paralegal and the paralegal told her to file for joint custody. Supposedly the paralegal told her because he does not have a job or a place big enough for the boy to have his own room that he won't get joint custody thus will have to give up all rights to the child. This sounds really extreme to me even with our crazy laws but I would like to know if this is even possible. My son has no criminal record, does not have a drug or alcohol problem and has a supporting family that he lives with. He is very young and does not have any money. He is still trying to get his education. Could this keep him from visiting his son or cause him to lose his parental rights? My son is willing to have joint custody and his family would help while he finishes school.


Asked on 8/27/05, 1:29 am

3 Answers from Attorneys
Okorie Okorocha California Legal Team

Re: Child custody when parents are not married

This is why you do not get legal advice from paralegals, let alone advice from your son's vindictive girlfriend based on what she claims she heard from a paralegal.

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Answered on 8/27/05, 2:33 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child custody when parents are not married

In custody contests the court looks to the present circumstances and how the child is doing. If the child is doing well then the court normally will stay with the status quo. If they are living together, then the court has to try and place the child with the parent that is most likely to provide the best home. The court also considers which parent has been the major care provider for the child and which parent will encourage the child to develop a relationship with the other parent.

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Answered on 8/27/05, 2:56 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Child custody when parents are not married

I don't know what the advice from the paralegal means or is worth as it is illegal for a paralegal to give such advice. A paternity action is required and it would benefit your son if he was to file to assert his parental rights. Call me directly at (619) 222-3504.

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Answered on 8/27/05, 2:53 pm


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