Legal Question in Family Law in California

custody

I didnt know I had a son til he was 3, and his mom claimed he was another mans, and put his name on the birth cert. We were never a couple, but when she wanted child support, she filed for $. Over the first 2 years, I saw him here and there, uncertain of how to feel. Since then, he and I have become very close. He is now 16. His mother has never had a job, or insurance or a home. His grandma was always the caregiver while mom was out partying. When Grandma passed away suddenly 18 months ago, I realized just how awful the situation was. She immediately got the 2 of them evicited after 13 years at the same house, because her mother provided for them both.

My son lived with my wife and me for the better part of the last year and a half due to the fact that his mom is now homeless. We are filing for full custody, but have many questions and no answers. Can we file back charges for lost time the during 1st 3 yrs? What is the best legal strategy ? All along we have been paying support, and braces, and schooling, and given him a stable home and family life. He never had a curfew when with her, nor a hot meal if it wasn't fast food, or frozen & microwaved. Please give me advice. It would be much appreciated. Thank-you!


Asked on 3/26/09, 3:22 am

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: custody

You should file a paternity action to have him determined to be your son and to get legal custody of your son. You cannot file charges for the past, only the future. This is an item you need to take care of. Good Luck, Pat McCrary

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Answered on 3/26/09, 10:38 am
Garrison Klueck Law & Mediation Offices of Garrison Klueck

Re: custody

If you have records (school, post office etc.) of your son living with you and of the mom being homeless, officially getting custody at court would not appear to be a problem.

You can only get child support for the time period covered after you file a motion for child support. However, the time that your son lived with you could be subject to an offset, if mom or the state came after you to pay support for that time period.

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Answered on 3/26/09, 3:34 pm


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