Legal Question in Family Law in California

Paternity/Court Issue

My son is sure he is the biological father of a child born in December 2005, he has went to the county facilitator for paternity and had the Mother served. She is determined NOT to go to court and said she is moving in 2 weeks. (but not outside California.) How can he stop her from moving and make sure she goes to court? She also has pending charges against her on unrelated cases which she is going to do ''house arrest''(but doesn't qualify in this county).'' What is his first step to stop from losing his son; if she disappears and doesn't go to court to legally establish paternity? His end result goal is to take custody of his son, legally.


Asked on 2/10/06, 11:03 am

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Paternity/Court Issue

Along with the Petition to Establish Paternity he should have filed a Summons and an Order to Show Cause with a court date requesting custody. If this is served on the mother of his child the court can award custody to him if she fails to show up or issue a warrent for her arrest for contempt of court.

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Answered on 2/10/06, 5:46 pm


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