Legal Question in Family Law in California
Help.. I want to see my son
Over 4 years ago my x was homeless with my son. I offered to let my son live at my house with me but not my x. She agreed, I went to pick him up. I got there and my son was not there and my x told me... I was never going to see my son again cause I would not let her live in my house. She took off. I found her about 6 months later but she seen me drive by her duplex and moved out within 2 days... 3 days ago I found her again. I am afraid the x will take off again if she knows I found her. I would like to get custody of my son, so my x will stop hiding him from me. I know if I serve her with a custody petition she will go into hiding again. How can I stop my x from taking off and hiding with my son? Do you think there is any chance of me getting custody? I know it is really hard for fathers to get custody but I feel that is the only way I can stop my x from running off with my son again. I don't make enough to get an attorney.
2 Answers from Attorneys
Re: Help.. I want to see my son
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, 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. Generally, one
parent cannot arbitrarily and unilaterally withhold
the child from the other parent. That notwithstanding,
if there is a custody/visitation order in place now, your
ex is probably in violation of it; if not, you need to
get a custody/visitation order. In either case, you
will need to give her notice and probably go to court.
If she fails to show up (after proper service) she
will be defaulted and you will get the order your want.
If she does show up the judge will decide if you two
can't agree. In either case, you will have the problem
of enforcing the order.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Help.. I want to see my son
The local district attorney will provide assistance in finding a parent that takes a child and hides it from the other parent. You must have a valid order giving you visitation or custody.
You should contact an attorney and discuss the facts of your case more fully so that you make the best decision on the course of action to take.
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