Legal Question in Family Law in California
I recently found out my sons grandmother has opened a court case against me. She would like Visitation of my son. I asked her why she did this, seeings that i was allowing her to see him, pretty much whoever she asked. She had told me if I had let her see him on a set schedule, rather then her having to come to the town that we live in, and only seeing him for an hour or two at a time, whenever i felt like it, She wouldn't have done it. She said that she feels like i don't trust her, and that she has helped raise my son since he was a baby. She also said because she opened this court case, that a jurisdiction has been established, meaning if i were to move out of the county, it would be considered kidnapping. She also stated that my sons father, who is only an alleged father, for the face that he never signed a declaration of paternity, we have never been married, and he is not named as the father on the birth certificate, Is now legally established as my sons father in the court system, because he lived with her for 50% of my sons life..
Now here is where my question lies. It was my understanding that my sons alleged father, had to get a Paternity test to establish any rights with my son. and he has yet to do that. Is she lying to me about what she is saying. And if he is not his presumed father, can she den fight for rights? It is also my understanding that a court has to make a judgement on weather or not i can move out of the county with my child. And seeings i have not been to court, and nothing has been filed in regards to this case. I believe she is just trying to scare me. If these are lies, and this case does go to court, do these LIES help me in my case, In my opinion they show her true character.
1 Answer from Attorneys
The first consideration is whether or not the presumed paternal grandmother even has standing to bring a separate action to do with parenting the child. This area of law in California has become complicated. The second issue is whether or not you can move within California to a different jurisdiction. As long as there's no court order precluding you from relocating, you have every legal right to move. The question that must be answered is whether or not the child should be relocated without a court order permitting the move. If you leave without such a court order, you run the risk of father or the grandmother getting orders mandating the child's return to the home jurisdiction.
Please meet with an experienced family law attorney to explore your legal options and review any pleadings that have been served on you.
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