Legal Question in Family Law in California
I have been living with my boyfriend for almost 13 years and we have a child almost 12yrs old. Don't know if I need to contact a divorce lawyer or a family law attorney concerning me leaving my boyfriend. I don't know what are my rights and if I need to consult an attorney to settle for custody of our child, community property, etc. Please advise. Thank you.
2 Answers from Attorneys
You do not have any community property. Community property only comes into existence via marriage. Dividing up property will be more like disolving a business partnership, and the hard part will be determining what are partnership assets, and what is each of your separate property. As to your child, if paternity has been formally legally established, the rights and responsibilities you each have are identical to those of married people getting a divorce. If it has not, then you might need a parentage action as part of your process. I have an office in Oakland, and would be happy to provide you a no-obligation initial consultation to go over your situation in more detail and discuss your options.
I agree with Mr. McCormick. You will need to obtain a court order with respect to Custody, visitation, and child support.
BARRY BESSER
www.besserlaw.com
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