Legal Question in Family Law in California
Hi, I share a child with my domestic partner. We got married in Canada 8 years ago and the child was born during our relationship. Though I am not his biological mother, he has my last name which is hyphenated with both of our last names on his birth certificate. Since the day he was born, I have been his main care giver as the stay at home role. His mother wanted the career and that is what she has. She works weekends, long hours until 9:30pm, travel is involved throughout the state sometimes, works 6 days a a week at times and works all holidays. Although I went to college and receieved my BA, i did not intern and I have no job experience because I was always to be the stay at home mom of our children. Last August, my partner received a job promotion out to California. We are from Michigan and that is where our son was born. The this past January, she ran off with her boss and refused to see our son for about 5 months, When she did see him he was treated very bad. She left him in the car unattended in hot weather, he has came home witih bruises, she said she wish she had an abortion, she has been on 5 vacations in the past 5 months, said she wishes he was dead, she lies, manipulates and has mental issues in my opinion. She is a scam artist, as she just lied on a car insurance claim for fraud, she is on FMLA from her work and she has just been taking vacations and is laughing that she doesn't have to go to work and is getting paid. As you can see, she is clearly garbage. Everytime she said she would be better and see our son, she would have me drive to meet her and not show up, turn off her phone and then say she was too drunk to come. As of 2 days ago, she said she couldn't come because she had dinner plans and the next day she said she had to go to a pool party. She has also popped oxy contin and I believe has a drinking problem. She has 2 MIP charges and assault charges on her record. Then yesterday, she came and took him said he needs his mom, that he is going to live with her and her girlfriend/former boss and that I have no rights because I'm not his biological mother. She told me she used me to watch our son so she could go party, she said to go fuck off and that she isn't afraid to go to court because I have no rights. Currently, my lease on the house that I live in expires in July and I plan to move back to Michigan. I would like to take our son with me and I want full physical custody. She is a deadbeat mom, who is fake and a liar. My son staying there now doesn't even have his own bedroom as they live in a 1 bedroom apartment and make him sleep on the couch or in their bed with both of them that I think is wrong because he will get confused. He is speech delayed and he didn't meet any of his goals on his IEP and his mom says she is pulling him out of school and oh well she will work with him herself. He is enrolled in another morning preschool and she has never been to meet the teachers because that is what kind of mother she is. I have done everything for him. I might also add we are not registered in the state of California as domestic partners, but I thoguht California would recognize our Canadian marriage. Also, I do not work so financially I am dependant on her, but there is no way she can take care of our son by herself, She has no famliy or friends and she said it's ok to put him in daycare all day and have 3 sitters for him, one for after daycare, one for when she goes out at night and one for the weeknds for her spa and golf trips. She said it isn't right that she is his biological mom and he would live across the country. She told me when I move to Michigan, that the only way I can see him is if I come out to California which would be very expensive all the time. I love him with all my heart since the day he was born, please someone help and let me know what to do. I hope that he isn't taken away from me please help. Any advice is appreciated.
1 Answer from Attorneys
Ok, I think I got this now. First, you need to get a very experienced family law attorney to help you out with this one. Second, you need to file for a Dissolution of marriage/domestic partnership immediately along with an emergency ex-parte request for return of your child.
The CA court will recognize the foreign marriage
As you are on the birth certificate, you are the child's mother
The passage of two years makes it pretty much impossible to dispute that.
There is also specific case law stating that although your are mom (2) that since you brought the child into your house and treated him as your own, you are mom.
Last, it would seem to be in the child's best interests to have him immediately returned to you and then afterwords figure out the move issue.
In any case you should file immediately and make sure to have an experienced family law attorney helping you. Good luck!