Legal Question in Family Law in California
I need to know how to go about getting full custody of my son. We are living in Spain now and we have been here for 5 years. My son was born in California and I can't get his nationality papers here unless I get full custody or his father signs a paper saying that he signs over the custody. My son's father hasn't taken care of him ever and I am desperate for the paperwork. Thank you in advance.
1 Answer from Attorneys
Your case sounds prety complicated. IF you want to file for full cutody, you would need to do it in Spain probably since the child is living there for several years now. However if there were prior court orders in the US, then the US may be established as the country of residence for the child. Either way notice would need to be provided for the parent so that they know about any court proceedings. I believe the court would probably need to first determine which is the appropriate forum to hear the arguments either Spain or the US. After that then there could be made a determination on the custody arrangements.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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