Legal Question in Family Law in California

Obtaining Legal Custody

I left my son's father right before my son's 1st birthday. We left because he was beginning to be abusive, and I went back to CA to stay with my parents. I also called him while he was at work, and told him I was leaving, but would be at my friend's if he wanted to talk. They didn't want to leave me alone with him. He didn't want to, and didn't argue my leaving. Well, I tried to keep contact and call here and there, like the first time my son walked, etc. He would rarely call. My son almost 5 now, and we haven't had any contact from his dad in about 1 1/2-2 years. Also when we 1st went legal with child custody I found out he wasn't paying for over a yr. His dad is still in AZ, & I'm in CA with my son. Can I use the fact that he's made no contact to get legal custody? Is there a way I can get his dad to give up his parental rights without going to court. Would he have to pay child support if he gave up those rights? Also, my son is half Navajo Indian, I have heard it can be terrible if they get him on Indian land. I have tried to keep contact, because I do want him to know his dad, but I don't trust him alone with my son. We were never married, and I've been the sole care taker with no contact from his father. What can I do?


Asked on 3/27/07, 6:40 pm

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

Re: Obtaining Legal Custody

If you and the father were never married, he must establish legal custody. As a general rule the contact I have had with Indian tribes they do not become involved unless the child is being removed from the custody of the parents. The result may be some what different if the child is actually at the Indian reservation.

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Answered on 4/08/07, 12:56 am


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