Legal Question in Family Law in California
The question
How do I prevent the father of my child from being able to keep her and not give her back if the child goes to visit on school vacations?
Some facts that might help
The child is 7 and 1/2 years old
We are unmarried,
There is no court involvement,
His name is not on the birth certificate,
When she was, 5 he failed to complete a court ordered paternity test, brought on by the state welfare department in Ohio, which was dropped by the department
He lives in New Mexico
I live in California
He has never really been around to help take care of the child up until last year I thought it was important for her to get to know her father so the child stayed a single school year with him. He agreed to let her come back to me after the school year. But I think has changed his mind and intends to pick her up to keep her. She is with me, she is enrolled in school here in California at the moment.
1 Answer from Attorneys
The only way to prevent it is to open a paternity case here in California, though it may have to be transferred to New Mexico, and get a parentage determination along with a custody and support order. Without a court order, once you turn her over to him, you would have to file a criminal kidnapping case if he took her. With a custody order in place, if he doesn't return her per the order, the New Mexico courts will take contempt action against him, which is a lot quicker and easier than a kidnapping case.
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