Legal Question in Family Law in California
What are the fathers rights?
My boyfriend has a 4yr 9mo son who has lived with him all this time. The mother up & left to AZ with her 2 older kids from previous marriage when son was 2 1/2-3 yoa. Mom has not paid any child support & has since re-married. Now new husband is trying to convince mom to take her son back. She & new hubby can not afford the bills they have now and new hubby is in and out of jail for various reasons. What boyfriend wants to know, is what does he need to do to have legal sole custody of son & avoid having mom try to take son back after never really bonding with son? What are the biological fathers' rights to stop mom from taking son out of state and away from the only parent son has really known?
1 Answer from Attorneys
Re: What are the fathers rights?
First he has to get a court order that he is the father. To do this he would file a petition to establish paternity. At the same time he should file a OSC requesting custody of the child as mom has left him and not seen him nor provided support for him in more than one year. These documents would be served on Mom in Arizona. Once paternity has been established he has the same rights and obligations as any other father.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
