Legal Question in Family Law in California
I am a new single mom, 19 years of age. I named my son under my family but now the family of my ex-bf is harrassing me to change my son's name. They kept texting me threatning me that they will come to my house and make me sign the forms to change my son's name. Now, I am informed by police that I can file for restraining order, but I am scared that this will bring fire to them and be able to file some rights of custody of my child. I cannot imagine to have them my child for even a night. I gave them a chance one time and brought my child to them for 4 hours with supervision, but when we came home my son smelled like we came from casino because they all smoke and drinking.
1 Answer from Attorneys
You will have to weigh the chances of doing what they want and changing the name of the son, so they will not take you to court for custody, or risking that they will take you to court for custody. The father of the child has a legal right to minimum custody and visitation with his child, so your probably going to have to accept that at some point. You should probably try to work it out with them so that they can have some visitation just so you can keep the peace. Nobody wants a long and protracted legal battle.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com
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