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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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My ex boyfriend has my daughter and won't give her back. He

Customer Question

My ex boyfriend has my daughter and won't give her back. He is ignoring me and has my number blocked. He is not the biological father and is not on the birth certificate. Does he have any legal rights?
Submitted: 8 months ago.
Category: Legal
Expert:  CalAttorney2 replied 8 months ago.
Dear Customer,This individual does not have any rights to keep your child. You should contact local law enforcement (if you do not believe your daughter is in immediate harm, I would recommend calling their non-emergency number which you can find using your phone book or the police department's website, and asking to speak to an officer or detective).
Customer: replied 8 months ago.
Does it matter if she shares the same last name as him?
Expert:  CalAttorney2 replied 8 months ago.
No, her name is irrelevant (although you will need to explain this to the officer or detective, and may want to be prepared to show them your birth certificate or other evidence to help clear up any confusion).
Customer: replied 8 months ago.
What if law inforcment does nothing about it?
Expert:  CalAttorney2 replied 8 months ago.
Contact your local bar association and see if they have any free or low cost family law resources (many communities have resources for this particular type of family law matter). If not you will need to either file a family law petition on your own, or hire a lawyer.But this type of issue is almost always resolved with assistance from law enforcement (as I noted, if he is not the parent, and is not the legal guardian, he has no right to keep your child).
Customer: replied 8 months ago.
The cops won't do anything they have to have proof from the judge. How would I go about getting a document that proves I have full custody?
Expert:  CalAttorney2 replied 8 months ago.
Dear Customer,There must be some other issues going on here - is the other individual an ex-spouse, was he a former legal guardian of the child, or did he have some other legal interest in the child.Otherwise, law enforcement is not going to require a court order to recover your child from another individual who has no parental or legal interest in your child.I would recommend contacting legal aid (as I noted above most communities have low cost or free services to help parents with very limited parental rights issues such as this - they do not offer full service representation, but if you only need very limited help in recovering your child from a non-parent, non-legal guardian, they can usually assist you with this).

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