Legal Question in Family Law in California

Re: What are my rights as a father

Assuming paternity has been formally established, at this point each of you have the same rights. However if you split up and she becomes the custodial parent, meaning the child is with her 65% or more of the time, she will probably be able to move without having a new trial on that issue. If you are the custodial parent, she probably could not move with the child. If it is 50/50, there would be a trial on the issue of relocation.

Re: What are my rights as a father

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry.

However, check the judgment or order re paternity (that identifies you as the LEGAL father) to see if it includes any provision(s) regarding "move-away" of the child. If not you will need to go to court to attempt to block her from taking the child with her, or to obtain a court order re custody and/or visitation.

Perhaps you should contact an experienced Family Law attorney in the California County where the most recent court order originated for specific advise and possible representation on your behalf.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.