Legal Question in Family Law in California
My girlfriend past away and we had a child together. My child is six and he was been in living with her and her mother since he was born. I have never been out of my child�s life. I lived with them for about 5 years until I was told to leave by her. I still stayed in my child life and had him on the weekends and my days off. My concern is that my son was getting money from social security because his mom was on social security disability. Her mother is going to the social security office and getting whatever my son gets put in her name for him. I want full custody of my child and I know I have rights to him because I never left him or not supported him in any way. I don�t know what she or her mother was telling the social security office about how much I was in the picture. I don�t know what the law is when it comes to custody and social security. If she is telling them am not around, will there be a chance that my son will be taken away from me and given custody to her. And I don�t want the money that comes because his mom is dead but her mother taking that in her name dose that take away rights I have to him. She can have the money I just want everything to be legal and my son not taken from me. What is the law about custody? As of right now he is with me at nights for bed time and I take him to school. He will only be over there if they want him on weekends and if I am working after school.
1 Answer from Attorneys
You need an attorney. First, you are talking about two separate issues. Custody and Social Security. As you have explained the facts, you are going about this all backwards. Are you listed on the birth certificate as the father? At any time did you surrender your parental rights? If you are on the birth certificate and you did not give up your parental rights, you are the custodial parent and the mother should be asking you for permission to see her grand child. If you're not on the birth certificate then get an attorney and petition the court for a paternity DNA exam and get your kid. This is ridiculous. This mother has you questioning your rights to your child. California recognizes a parents rights to their children before a grand parent's rights.
Stop playing games with this grand parent and start asserting your parental rights. My advice to you is to get an attorney. It will be worth the money you spend.
If you have questions feel free to contact my office through our web site at www.brianmcginitylaw.com .
The Social Security issue can be resolved after paternity is established. The worst case is the mother will owe your child the money she has wrongly taken.
Good luck
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.
