Legal Question in Family Law in California

custody

In 2004 my boyfriend at the time and I had a daughter. In February he took her and fled the state without my consent. I have never been able to locate him. In Dec 2007 I received child support papers on my daughter filed by her dad's brother. I finally was able to find out that my ex-boyfriend my incarcerated, so he signed over gaurdianship to his brother. they never tried to locate me. the question I have is can he do that without my consent? Also he is not listed on the birth certificate. Do I have the legal right o go and get her now that I know where she is?


Asked on 2/10/08, 8:39 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: custody

Contact the district attorney's office in the county in which you resided at the time he took your child and ask if they will take action to get your child returned. If the district attorney will not take action then you should contact an attorney in the area in which your daughter is presently residing and pursue custody of your daughter.

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Answered on 2/17/08, 12:01 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: custody

it depends. if you bfs brother is seeking child support, there is a good chance that bf filed a petition to establish paternity and got it by default. if you didn't get notice, you might be able to set it aside. hire an attorney to help you with this. sounds like you didn't notice about the guardianship matter either. now you know. so you need to act fast and swift.

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Answered on 2/10/08, 11:36 am


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