Legal Question in Employment Law in California

This is my situation:

The father off my child whom is 7yrs old was in an accident 3 yrs ago. prior to the accident we had lived together for 8 yrs. Once he was out of the hospital (4 months) I took care of him at home. He has Severe Traumatic Brain Injury with minimal use of his left side of body. I took care of him 24/7 for the last 3 yrs. I was being paid by IHSS for 138 hours a month. Dr. sent in for the 24 hour supervision was not approved until just 3 months ago. His mother kept pushing for his ex to see him. She also has 2 children with him. I would only allow him to see the children. Well in Jan this year my mother died, then in June my 22 yr.old daughter died in a tragic parasail accident. So I needed the time off so I finallly agreed to let him go to his exes 2 times a week for several hours. This just started after June 16. Then August 11, I went to pick him up and his ex would not let me. His mother then emailed me stating not to pick him up that she was going to be his primary caregiver. No notice what so ever, plus Alan paid part of the rent and I got no notice of him moving out either. Is this legal? Also can I sue Alan for the back wages of taking care of him 24/7 for the past 2 yrs.? And companionship? He just recieved his settlement. I couldn't leave him alone, took him to all Dr.s appt. bathed, fed, gave him his medicine, excercised him,

cleaned house, did laundry, made meals everything. What r my rights? What am I legally entitled to?


Asked on 8/28/11, 2:42 pm

1 Answer from Attorneys
Herb Fox Law Office of Herb Fox

This is a difficult and complex legal question that cannot be easily answered. I recommend that you immediately consult with a certified Family Law Specialist in your area . Even though you were not married, your situation falls under family law, especially as to your rights to child support and your potential rights to "palimony" payments.

You can find names of family law specialists at the California State Bar's website: www.calbar.org.

I wish you the best of luck

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Answered on 8/28/11, 2:54 pm


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