Legal Question in Family Law in California

Re: can a nonbiological father get custody?

You should petition the juvenile court to be his defacto parent. If mom supports this move it will help. You will have to provide proof that you have acted in the role of his father for a period of time, and that you and the child have bonded. Family code section 3041 provides that a non parent can be given custody if the party can establish that the party has acted as a parent for a significant period of time. Move quickly as any further delay may reduce the possibilities of being successful.

Re: can a nonbiological father get custody?

Your chances are slim unfortunately. You can claim to be a "de facto" parent. If successful you would then have to be given reunification services. The agency is going to be totally against you because they will not want the child's mother to be involved if she doesn't succeed in her own right. Even if your relationship is over they may not trust you to keep the child away from her. The other negative that you have to overcome is that you will be a single parent while the foster/adoptive parent may either be a couple or a single with other children. The theory is that they will be looking to place the child in the best home possible. The fact that you love the child is just one factor.