Family Law Questions? Ask a Family Lawyer Online.
Thanks for using JA. I have read your comments above. What is your legal question so I can assist?
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?
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.
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.
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.
This is a link to the forms you would need in CA:
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)"
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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