Legal Question in Family Law in California

Legal Custody

I am 21 and have a 5 month old son. I am no longer with his father, he lives 2 hours away, refuses to move closer and sees his child once a week for about 3 hours. I live with my parents and as of now am unable to afford a place of my own. My father just got stationed in Germany and since I couldn't live here without them I would most likely go. My childs father does pay child support but we don't have anything legal as far as custody goes other than the Support papers stating that I am the Custodial Parent. Do I have the right to take my child with me or can he stop me from doing so? Are there legal papers I should have that would make it easier for me to take my son with me? Thank You.


Asked on 8/01/03, 6:55 pm

1 Answer from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: Legal Custody

You can absolutely take your child with you. There is no order preventing you from doing so. Then, when your in Germany, you can contact the local district attorney/child services and ask them to file a petition for child support against the father. Make sure you don't start any legal proceedings at this point because a judge may order you to keep the child here until the proceeding is resolved. Also, you don't need to tell the father anything until you actually leave. Good luck. Thanks for inquiring.

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Answered on 8/01/03, 7:16 pm


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