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question about how court papers work... California

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  • question about how court papers work... California

    My boyfriend and I have been together 1.5years. This whole time him and I have been financially caring for the baby. 2weeks ago, when he dropped the baby off so mom can have her weekend visit (not court ordered; its a verbal agreement between the two)...the child's mother leaves to south carolina with out as so much letting him say good bye to the baby. Now the mother states that she has no intention on returning to Ca. He's ready to file custody papers. We noticed that on the first sheet says he can't take her out of Ca once he files and once mom is served she can't leave ca either....my question is, Since she's already gone would that mean that she'd have to bring the baby back to ca??

  • #2
    Originally posted by sadeyez02 View Post
    My boyfriend and I have been together 1.5years. This whole time him and I have been financially caring for the baby. 2weeks ago, when he dropped the baby off so mom can have her weekend visit (not court ordered; its a verbal agreement between the two)...the child's mother leaves to south carolina with out as so much letting him say good bye to the baby. Now the mother states that she has no intention on returning to Ca. He's ready to file custody papers. We noticed that on the first sheet says he can't take her out of Ca once he files and once mom is served she can't leave ca either....my question is, Since she's already gone would that mean that she'd have to bring the baby back to ca??
    First and foremost, does your boyfriend have a lawyer? I would STRONGLY suggest he hire one. This is not something he wants to take on himself if he can avoid it. Lawyers are expensive for a reason: they are worth it.

    Have your boyfriend and the child's mother been to court at all? Has he been legally declared the father of this child? Were they married at all? Are there any orders in place? Was he the primary care giver, and can he prove such? Medical insurance, etc? How old is the child?

    A court can and likely will order Mom to return the child to the state, but we need a little more information about the situation to tell you more.

    Comment


    • #3
      But your boyfriend need to move QUICKLY before residency has been established in SC.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

      Comment


      • #4
        The child is 2. Theres never been any court order. Theyve never been to court. Theyve never been married. Yes he was the primary caregiver for the baby. She was living with us and going with her mom on the weekend. How long does it take to establish residency in another state?

        Comment


        • #5
          Originally posted by sadeyez02 View Post
          The child is 2. Theres never been any court order. Theyve never been to court. Theyve never been married. Yes he was the primary caregiver for the baby. She was living with us and going with her mom on the weekend. How long does it take to establish residency in another state?
          Six months in SC.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            Originally posted by sadeyez02 View Post
            The child is 2. Theres never been any court order. Theyve never been to court. Theyve never been married. Yes he was the primary caregiver for the baby. She was living with us and going with her mom on the weekend. How long does it take to establish residency in another state?
            Residency takes six months.

            Your boyfriend needs to file immediately for a determination of parentage (a paternity suit) and to establish custody, visitation and an order for support. Even though he has been there for the child the whole time, he needs to be legally declared the father, and he needs a DNA test for that. I am assuming he signed the acknowledgement of paternity. Has his name ben added to the birth certificate? Does he have a copy of it?

            Does he know WHERE she is in SC? She'll need to be served, and he will have to pay for that.

            Did he carry the child on his health insurance? Does he have any paperwork from his doctor, etc? These are all documents to take to his lawyer.

            Is there any possibility that he is NOT the biological father of this child? I only ask so that he can be prepared just in case.

            Comment


            • #7
              I understand. Yes he acknowledged paternity and signed it and the birth certificate. He does have documentation saying that he's the main custodial parent. He's still going to file the papers regardless, but after she's served will mom be required to bring the baby back to ca?

              Comment


              • #8
                Oh and we have the baby's shot records. birth certificate,medical information and her social security card.....if that helps at all

                Comment


                • #9
                  It's likely that the mother will be ordered to return the child to the state, but that is a decision for the judge.

                  Your boyfriend should take each and every piece of documentation he has, including the birth certificate, health insurance, medical bills, etc. to a family lawyer and file TODAY.

                  Good luck.

                  Comment

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