Legal Question in Family Law in California
custody of a minor child
When i was married, my husband left me and i met another man. I had a child with him in the state of TX. I had a baby by this man and we moved to CA when my son was 6 mos. We lived there for 3 years and my boyfriend started hitting me and threatening my life, he finally left me and kicked me out of the house. He took my son from me and hid him. I finally got him back and left CA before he could find me, hurt me and take my child. He petitioned for custody child support in the CA courts and i responded. I feared for my life so i had to leave the state to get as far away as possible because he threatened to kill me. I am now in the state of TX where i was born and raised and where i married my current husband. My sons birth certificate was invalid because i was married with someone other than the biological father of my son whom is trying to get custody of my child. Can the biological father of my son get custody of him if i was married to another man while my son was born in the state of TX?
2 Answers from Attorneys
Re: custody of a minor child
Yes, he has the right to seek custody. He is the biological father of the child and has a constitutional right to due process regarding his relationship with the child. Although most states would likely find your husband to be the presumed father of the child, genetic testing should be able to prove fairly easily who the father of the child is.
The fact that you have fled the state in the midst of an ongoing lawsuit regarding that custody is not going to help your case either.
You should contact an attorney in California on Monday morning to discuss this situation and seek legal representation. The abuse you have suffered at the hands of the child's father should be very relevant to the custody situation.
Re: custody of a minor child
I have reviewed the answer given to you by Attorney Warren. He is correct. In California your child has two presumed fathers and DNA testing will determine who will be the legal father. You should contact a custody attorney in the county where you lived in California to get more complete advice on how you should proceed. Good Luck, Pat McCrary
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