Legal Question in Family Law in California
me and my girlfriend have a child together. He has my last name. We have recently broken up, she now has a new boyfriend and wants to move an hour and a half away from where i live and take my child with her. Due to my transportation issues and job hours, her moving that far away would make it almost impossible for me to see my son. what rights do i have as the father?
2 Answers from Attorneys
The same rights as if you were married. If you already both signed a declaration of paternity, you need to file a petition for a custody and support order. If you do not have official paternity established by the statutory declaration when he was born, or a judgment or declaration filed later, then you need to file a petition to establish paternity and for a custody and support order. Either way, you will both be ordered to mediation with Family Court Services to work out a custody arrangement. If you cannot agree, then the matter will be set for a hearing on what custody arrangment will be in the best interests of the child. If either of you disagree with the decision after that hearing, the order will be temporary, and you will be set for a longer hearing on the matter. If you accept the order after the short hearing, or after the order issues from the long hearing, it can only be changed after showing a change in circumstances after the order issued. Once the schedule is established there will also be a child support order based on both parents income and deductions, with the final number calculated by an official software program called DissoMaster.
You have the same rights that any father would have. The court cannot stop mom from moving, but they could stop her from taking the child with her. The most likely result is that mom can move with the child and there will be some accommodation for your visitation. One option would be to request that she transport the child to your home for visitation. Or in the alternative that she pay all or some of the transportation costs for visitation.