Legal Question in Family Law in California
Hi, My Name is Kristen, I have a two year old son that was taken from me by his father. His Father and I are not together, He lets me see my son whenever I want , but never over night, I,ve talked to friends that say he has brainwashed me into thinking he has the right to do this. I would give anything to have my baby back. He has always told me I will lose in a court battle over my son. A friend recently told me that I probably don't even have to go to court to get my son back, that I should just call the police and tell them the father has taken my baby, i'm not sure what to do? please help
1 Answer from Attorneys
There a few questions that need to be answered. Were you married to this man? Are there any current custody orders in place? Has paternity been established by a court of law?
If there are no orders in place, the next time you have the child for a visit you may keep the child, just like he is doing to you. This is a civil matter and the police will probably refuse to get involved.
What you need to do is file a Petition to Establish Paternity, and a Request for Orders asking for custody of the child. The court will not like the fact that the father has been keeping the child from you.
Good luck.
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