Legal Question in Family Law in California
My friend has a 2 year old daughter and he is the legal father. He has been separated from the mother, never married but was only together for the baby until August of this year. They mutually, verbally agreed for 50/50 custody after separation. For the past 5 months or so though, she has been keeping their daughter away from him for whatever reason. He only gets to see his daughter about once a week for a short amount of time. The kid has her own room at the mother's so I believe the mother assumes that is where she belongs. She has a new boyfriend as well and they lied to him about Christmas and took off to another state to meet the boyfriend's parents. He spent the holiday alone. What are the legal options he can pursue in order to stop the mother from keeping his baby from him?
2 Answers from Attorneys
He should file and serve a paternity petition with a motion to establsh custody and visitation.
He can and he should. Unmarried parents who split up have exactly the same rights and responsibilities as married couples who divorce when it comes to child custody, support and parenting plans.
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