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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39034
Experience:  Retired (mostly)
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Who has custody in California if the mother had the kids 5

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Who has custody in California if the mother had the kids 5 years with little or no help. Got sick and the father took the kids for 2.5 years.

If there is no court ordered custody, but both parents are listed on each of the children's birth certificates, then either parent has the right to custody, and there is nothing that one parent can do to prevent the other from assuming custody.


If there is a court order for custody, then the order controls.


For a family law attorney referral in your jurisdiction, see: and


I sense there is more going on here, so feel free to elaborate.


Hope this helps.



Edited by socrateaser on 9/1/2010 at 4:28 AM EST
Customer: replied 7 years ago.
would you think this is something that requires me to retain an attorney or is this something we can take care of on our own.

Custody issues are the most contentious. You can go in without a lawyer, but unless the other parent does the same, you probably will lose.



socrateaser and 7 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
thank you for your time.
You're welcome and good luck.