Legal Question in Family Law in California

Visiting Abcent parent Out Of State

My 9 year old son would like to go visit his father this summer who lives in bridgeport,ct. Me and his father where never married so there is no custody or visitaion court order. When he was a baby his father signed a court document stating he was his father. So i guess my question is what type of form do i need that states that i give my permission for him to go for the summer and his father agrees to return him at the and of the summer? I want something legal so that he can not keep my son. The father has stated he will not coroperate with me and sign the agreement. Can we just make our own agreement in writing that states he knows that this is just a visit and that he will return our son back to ca to me on a certain date that would be legal and hold up in court incase he tries to change his mind and keep him. Please help me i want to be fare but i dont want to have to put my child through a child custody fight or take the chance of loosing him!!!!!!!!!


Asked on 4/06/01, 2:08 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Visiting Abcent parent Out Of State

You need a judgment that states that you are the mother and that he is the father. It is a protection for each of you and for the child. It is very easy in an uncontested proceeding. I charge $750 if it is uncontested, $850 if he refuses to sign and it is done by default. This is business that both of you need to take care of, otherwise your case sounds like a lot of cases that us attorney's make lots of money on. Take care of business and get this done. If your sons father does not wish to follow the rules of society on this simple matter, what makes you think that he will follow other rules, such as a simple written agreement that the two of you make, but is not a court order and therefore cannot be enforced by law enforcement. I am not saying that the father will cause any problems, but you are taking a risk. My suggestion is that if you want to gamble, even on what you consider a sure thing, go to Las Vegas, don't gamble with your child. Take care of business, it is in the best interest of all of you, particularly you child. Good Luck

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Answered on 6/07/01, 10:32 am


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