Legal Question in Family Law in California

I am a father with a ten year old boy. I never married his mother but we were living with each other for twelve years. We just split up 6 month ago because she got arrested for the 2nd time for writing bad checks. Since then we have not lived with each other. She is in a women's recovery home for various pain killers and alcohol. I want to have full custody because she is unpredictable. I don't use drugs or have a alcohol problem and I have never been arrested for anything. I am a good father and all I do is spend time with my son and family. I am his coach is baseball, football etc. I have tried to help his mother for years but I could not help her. The economy has put my financial situation in a very limited budget and need to see what the most cost effective way to get full legal custody.

Thanks for any advice GV,


Asked on 4/25/10, 8:51 am

1 Answer from Attorneys

The first question is whether you have legal paternity. If you both signed a declaration of paternity at the hospital when he was born, you're set there. The next step would be to file a petition to establish custody. If not, did you later file a paternity case? If so, there should have been some form of custody and support order, which you can now ask to have modified. If you did neither one, no declaration and no paternity case, then you need to file an action to establish paternity. As part of that proceeding you would establish custody. The Los Angeles Superior Court has a Family Law Facilitator's office that helps people with exactly these kinds of situations, to handle their case themselves. You can find contact information on the Superior Court's website.

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Answered on 4/30/10, 9:36 am


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