Legal Question in Family Law in California
I want custody of my son who lives in minnesota, and I, in Los Angeles. My ex abandoned him while i was in the service at my aunts. My aunt said she would care for him until i was out. Now that im out my aunt wont give him up. I signed a declaration of parentage, and what to know if i can get him or just take him. Someone please help me i need to have my son.
4 Answers from Attorneys
Unless the aunt has filed for legal guardianship of your son, then yes, you may just pick him up. But I will warn you that by doing the extreme act of just picking up the child, this could cause someone to file an emergency court order or request against you. In custody proceedings, a lot also depends on the age of the child and the degree of your relationship with your child. Hopefully, if you intend to get your child, it is because you have a good relationship with him and he wants to be with you also. Good luck!
The question requires analysis by an experienced Minnesota family law attorney.
Unless your aunt has a court order that provides for her having custody of your child and the mother does not object you should be able to get your child. I am guessing there are many other factors that you were not able to include in your question. I would not barge in, unless you are 100% sure you have the right to do so. I am licensed in Minnesota and California, so please feel free to give me a call for a initial consultation.
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