Legal Question in Family Law in California

Child Custody between unmarried partners

My son is 4years old and his father has only seen him once, when he was 1 year old. Immediately following his birth the father signed a paternity document which allowed me to obtain child support through the D.A. office (he did not cooperate w/requests for info, etc). My question is whether or not I should file for full physical & legal custody. I do not want the father trying to come in at a later date and make decisions regarding my son. I also want to be able to travel with my son and I believe that this has to be taken care of in order to obtain a passport for my son. Please advise and if an attorney from the Ontario, CA area is available I would like to talk with that person. Thank You


Asked on 1/29/07, 5:59 pm

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

Re: Child Custody between unmarried partners

Whether or not you should file is a personal question. The fact that father has not had contact for 4 years will give you a strong argument that you should have sole legal and physical custody. Also base on experience his is less likely to oppose the request for sole legal and physical custody if you do not ask for an increase in support. File a paternity suit in family court, separate from any action taken by social services and child support services. If you are receiving aid you qualify for a waiver of court filing fees.

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Answered on 2/13/07, 11:45 am


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