Legal Question in Family Law in California

Moving out of state w/o a custody arrangement

My partner and I are considering moving from CA to MD. She has a child from a previous relationship 10 years ago. She then married another man, who wanted to adopt her 1st child. Then, they divorced. Her child's biological father gave up parental rights. My partner, in the best interest of her child, allowed him to continue living with his ''step-dad'' although they were no longer married. Custody was not established in court. Her child's ''step-dad'' tells her that he has adopted her son, and that she has no parental rights to him, but willnot produce documents showing that. He claims that the real father gave him his rights and he told the courts that the mother was ''nowhere to be found.'' Which is not true- she never left the city or lost contact with them. Could he have done this without her signature, by lying to the courts and using the bio father's approval, although the bio father never lived with or had custody of the child ever? The child still lives primarily with the stepdad so that he would stay in the same school, and sees mom on the weekends. This is a living arrangement, not a physical custody arrangement, as far as we know. Now, we want to move out of state with him. What are our rights, and where do we go from here?


Asked on 9/10/03, 12:09 pm

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Moving out of state w/o a custody arrangement

It appears you have much to get resolved and I would not begin to answer all the questions without knowing all the facts and have a complete set of questions. Call if you would like to discuss. 800-685-6950

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Answered on 9/10/03, 2:31 pm


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