Legal Question in Family Law in California
I was involved in a relationship with a woman from Mexico she stated she was in the U.S. legally she became pregnant she is now 5/mo pregnant she has told me that she has been in the U.S. for 20yrs illegally she also has no driver license and just recently I have found out she has 2 tickets for no license I am concerned for the safety of my child and plan on fighting for sole custody yet concerned how to do this as she has mad threats of running back to Mexico once the child is born can any provide some light on how to handle this.
3 Answers from Attorneys
File a paternity petition with an emergency motion requesting ex parte that the child be placed in your custodial care and not be removed from the state of California or the USA.
Ms. Kock is exactly right, as usual. You should get an attorney lined up right now and file at the earliest opportunity. I'm not sure if you can file pre-birth, but if you can't you want to have papers ready to go to court the minute the baby is born.
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