Legal Question in Family Law in California
father's custody, child abandoned by mother
My son (not married to mother) lives in California with his mother. I live in Mn. She has abandoned her children since early October. Nobody has heard from her. I want to go to California to bring my son to live with me. We have no court documents stating custody or otherwise. I am the father stated on birth certificate. The children were evicted from their home (no one paid rent) and now children are missing. Police and social workers will not help. If he shows up in school, can I pick him up and bring to Minnesota to live? Nobody knows where the mother is or where the children are. One of the children is mine, a 7 year old. I want custody. The mother has abandoned her family (for whatever reason). Do I have a legal right to go and take my child without informing anyone, because he's mine, and he's my dependent on my tax return also. We've tried and tried and I'm sick for my son. He disappeared, no one will help me (except the school) -- social services didn't even call his school back. If there's no court documents stating custody, don't I have every legal right to go and pick him up and bring him home with me? He has no blood family except his mother and I. Please advise quickly. Thank you.
2 Answers from Attorneys
Re: father's custody, child abandoned by mother
You should be able to get custody of your children. I would suggest that you retain an attorney in the county where the children are living. Without an attorney will may spend a lot of time spinning your wheels. Good Luck, Pat McCrary
Re: father's custody, child abandoned by mother
In many states, unmarried fathers have no rights of custody or access to their children unless they obtain a court order first. You need to consult with a California attorney.
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