Legal Question in Family Law in California
I have a year old son, my ex (my son father) refused to sign his birth cettificate when he was born. He see him every sunday as an agreement we both made. I want to travel to mexico with my son within a week due to my grandfather near death illness, he wish to meet my son and seeing me before he dies. My question is legally how do I notify my ex of this trip and have proof that I told him about it? Im asking this because I wouldn't not want him to call the cops saying I didn't tell him about it, because I habe heard cases where the other parent calls the cop and tells them child is being take without notices or permission. Whats the best way to have proof he was told about the trip. And is there a certain amout of hours he needs to be notified of the trip before hand??
I dont know if this information is need or not but just incase. I provide full support for my son, no child support is being received from him.
Thank you!
1 Answer from Attorneys
If he has not been listed as the legal father on the birth certificate or any other filings with the state or county, and no judgment of paternity has been entered, he is not the legal father and has no rights to notice or to file any kind of complaint. Therefore any reasonable notice is just a courtesy (and a good idea); so there is no rule about how much ahead of time you must give notice.