Legal Question in Family Law in California
obtaining child visitation
My brother has a three year old son whom I am very close to. He lives with his
mother who recently moved and has cut off all communication with the child
and our family. The two were never married, the father was present at the
birth and is on the birth ceritficate. But niether parent went to court to obtain
custody. The father is in the navy, recently married and had papers drawn up
to recieve full custody of the boy for two years. The mother refused to sign and
has run off with the boy. The father, grandparents, and myself are desperately
searching for them. Legally, what can we do?
2 Answers from Attorneys
Re: obtaining child visitation
Your brother, and his family, have no rights until paternity is established. He must file a Complaint to Establish a Parental Relationship and serve on mother. If she denies he is the father, there will be DNA testing. Once paternity is established, other family members (especially grandparents) may seek to be joined to the proceedings to assert their own visitation rights.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
Re: obtaining child visitation
It is not necessary for the mother to go to court to get custody. She has full legal custody by law and has every right to run off with the child. If she is found your brother can file for a court order requesting visitation which would most likely be granted but if you dont know where they are there is nothing that can be done because there is no one to serve papers on.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
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