Legal Question in Family Law in California

who has custody???

My sons father lives in CA and I am a New Mexico resident. Mine is the only name on the birth cert, or anything.

Last time I let my son visit his father he threatened not to give him back to me. I originally thought he didn;t have a leg to stand on but now I am told I need to get a custody order?? If his fathers paternity has not even been established, how can he have any right's? Don't I have custody?

How do I get custody?? The sherrif's office said they would now help me if his father didn't give him back since I do not have an order, so now I am afraid to let him see him. What do I do??


Asked on 3/27/00, 10:17 pm

2 Answers from Attorneys
Michael Gray Barber & Gray, LLP

Re: who has custody???

If you care about your son you will get legal help so you can have a custody order and his Dad can see him.

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Answered on 3/30/00, 12:25 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: who has custody???

You said that you reside in New Mexico. Assuming that you have resided in New Mexico for the past 6 months,the paternity case and custody order should be obtainted in New Mexico. Then he will have to travel to New Mexico for the hearings.

After you get the judgment of paternity, then you can work on a visitation order.

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Answered on 3/31/00, 12:43 am


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