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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33768
Experience:  Attorney with 15 years experience
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i need help i am the biological parent of my 5 years old son,

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i need help i am the biological parent of my 5 years old son, judge granted temporary orders i was not served

Hello,

 

Thanks for using JA. I have read your comments above. What is your legal question so I can assist?

 

Barrister

 

 

Customer: replied 5 years ago.

i had a child only after she wasm unable, i allowed her to go for co-parenting rights...and soon sfter we split she had her own son and is now keeping mine from me

 

I am sorry for my confusion, but I am still having trouble figuring out what your legal question is?

 

What is it that you wish to accomplish?

 

thanks

Barrister

 

 

Customer: replied 5 years ago.
how do i take co-parenting rights from her or at least get sole custody becuase she is keeping him from me.

Ok, you would need to file a "motion to modify custody/visitation" with the same court that already entered an order granting the mother custody. The typical default is joint custody in these type of actions unless one parent is found to be unfit or unable to care for the child. She likely got full custody due to you not being served and not having the opportunity to appear in court to ask for custody.

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But unless she is unfit (and that is unlikely if the court granted her sole custody), the chances are not very good that the judge would order a complete reversal and grant you full custody.

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You can file the motion on your own, but if you aren't familiar with the legal system, it would be highly adviseable to contact a family law attorney to assist you with this to increase the likelihood of at least joint custody.

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This is a link to the forms you would need in CA:

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http://www.courtinfo.ca.gov/selfhelp/family/custody/custforms.htm

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You would need the link entitled "Forms and Instructions to Set Up or Change a Custody/Visitation Order (includes forms to set up or change your child support order)"

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thanks

Barrister

 

 

Customer: replied 5 years ago.
do you know any pro bono attourneys in the northern california area....or ones that i can file for her to pay for.

I don't know any personally, but you can contact the local Legal Aid office below and they may be able to assist pro bono or refer you to a low cost attorney who could help.

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http://www.dca.ca.gov/publications/guide/legal_index.shtml

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thanks

Barrister

 

 

 

Barrister and 4 other Family Law Specialists are ready to help you