Legal Question in Family Law in California
wants custody made legal
I have been raising my daughter in my home for most of her life while the mother's whereabouts are unknown,and it is believed that she died some years ago but has not been confirmed. I am not listed on the birth record as ''father''. It says ''unknown'', but I have always been believed to be the father and have always been in my daughter's life. What court form would I use in this situation when there is'nt someone I'm fighting against,a ''respondent''. I just want to make it legal so that I can prove if ever needed to that I am her father and have custody of her.
2 Answers from Attorneys
Reply: wants custody made legal
You will have to file a Petition to Establish Paternity. If you are unable to locate the mother to personally serve her, there is a procedure for service by publication in a newspaper of a minimum circulation. You will first have to establish "due dilligence" in locating her before you will qualify for service by publication.
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 at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: wants custody made legal
File a petition to establish paternity. The summons and petition could be served by publication if mother cannot be found. Because of the circumstances of your case retaining an attorney would be a prudent act.
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