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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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who gets custody of 2 month old boy in california if mom is

Customer Question

who gets custody of 2 month old boy in california if mom is not married,i let his dad take over night 1 or 2 times a week and then he does not give him back when i want him home,what should i do ?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
In an unmarried situation the mother is considered to have sole legal rights unless dad's name is XXXXX XXXXX birth certificate. If dad's name is XXXXX XXXXX certificate, the mother is given primary physical rights of the baby. If dad's name is XXXXX XXXXX the certificate you can contact the police to press charges for custodial interference. But if dad's name is XXXXX XXXXX birth certificate, you will then need to petition the court to get custody of your child.




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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


Attorney & Mediator and 4 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
who would most likely get custody,i live at home and so does he,i work part time at a bank and i have health insureance for my baby and have over 2000.00 in bills from his birth that i have to pay his dad has not paid for a thing.
Expert:  Attorney & Mediator replied 7 years ago.
It would be the parent who has primarily taken care of the child's needs and who is more cooperative in following the court orders. In an unmarried case, majority of the time the mother is awarded primary physical custody. Given that you had the child in your primary care for the last two months, you would have more grounds to ask for the child's return. This is why you should not wait for time to pass.


_______________________________________________

Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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