Legal Question in Family Law in California

My girlfriend and I have 2 young children, she does not want to marry, but we live together since the birth of our first child (3) years. They have my last name and I signed at their birth to be responsible for them until they are adults. We all live in my home together, do I need to legally do anything to protect me and my children from her ever leaving me and taking our 2 children. Worried.


Asked on 1/31/10, 1:23 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

She could certainly leave you and take the children, or she could make your life hell in any number of ways if she wanted to, but she could do the same even if you were married. The usual method is for the woman to call the cops, make up a story about your having beaten her, and get a restraining order against you. Presto, she lives in your house, you can't go there, you can't see the kids, your paycheck gets tapped for child support, and there would be little you could do about it. Welcome to California.

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Answered on 2/05/10, 2:13 pm

The sad and scary thing about Mr. Stone's answer is that it is pretty much right on the money. The key point though, is that if you both signed the Declaration of Paternity when the children were born, if you split up, you both have exactly the same legal rights and responsibilities as if you were married as far as the children are concerned.

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Answered on 2/05/10, 6:58 pm


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