Legal Question in Family Law in California
Out of State Custody
My son is 4, his father has seen him 2 times in 2 years. i moved to NV from CA about 6 months ago. I told him I was moving and he didnt disagree. Now I'm wondering about getting legal full custody of my son. Can his father just sign something stating I have full legal custody with no visitation rights for him? If he relinquishes all of his rights will he still have to pay child support? What if he refuses and we have to go to court, I have a warrant in CA and I'm afraid if I go to jail then he will get custody. Also how would a custody hearing be handled if I live in NV now?
3 Answers from Attorneys
Re: Out of State Custody
If you previously had hearing in CA...you can retain an attorney in CA to reprsent you and you can make telephonic appearence if needed. If your ex lives in Los angeles...you can contact me.
Re: Out of State Custody
it would likely be held in ca. but if you have a warrant, i'd clear that up first.
Re: Out of State Custody
Has there been any court hearing on your son? If no, you can do it in Nevada but if California has had a hearing, you must do it in California. I could go for you so you don't get arrested and maybe I can even get the warrant quashed. As to relinquishing his rights, he would not pay child support but Courts are very reluctant to grant that unless you were married and your husband would adopt your son.
As to no visitation rights, what we could do is require supervised visitation until your son is comfortable with a man he does not know. Usually, this means that the visitation does not happen because the father would have to find an acceptable supervisor and they usually don't want to pay for it.
If there is something that I can help you with please write me as I am also admitted in California.
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