Legal Question in Family Law in California

Obtaining Child Custody Without One Parent

There is a 4 1/2 yr old girl that for the first 2 yrs lived with both parents, and for 2 1/2 yrs has lived only with the father and his family, since he is a student and lives with them. The mother abandoned her with him and took her younger brother at 4 months old, who is now 2 1/2. Since she is nowhere to be found and for legal reasons for school, passports and medical decisions, we would like to get an official court ordered custody. My question is how can the father get full legal custody of his daughter without the presence of his ex-girlfriend? The birth certificate identifies him as the father. We also have a DNA test proving him as the father. Since he does not know where she is, how can he get custody? He can prove that she has been living in California for 2 1/2 years with him and his family and has been going to preschool. What would be the process for him to start in order to get legal custody of his daughter, without the mother's presence? Also, since he goes to school, his mother, the child's grandmother, takes care of her and takes her to school and to the doctor. Can she also be included as a guardian? How many steps are there to achieve this and what would they be? Would you kindly advise us of our legal options?


Asked on 4/29/05, 2:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Obtaining Child Custody Without One Parent

You cannot get a court order giving you custody without notifying mother. If she cannot be located then you may be able to get a court order to serve her by publication. Retaining an attorney to represent you would be a good first step. If you cannot afford and attorney, then contact the local family court and ask for about a family law clinic and how you get a referral.

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Answered on 5/03/05, 2:29 pm


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