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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10261
Experience:  Experienced Family Law Attorney
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My boyfriend father of my baby kicked me out of our apartment.

Customer Question

My boyfriend father of my baby kicked me out of our apartment. He dropped me and my daughter off at my mothers house. Then told me he would not let me have a baby son that we have together. How do I go about trying to get my son from him legally?
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted. Are there any orders regarding paternity? Or has paternity been established?
Customer: replied 2 years ago.
No, but he is the father
Expert:  LegalGems replied 2 years ago.
OK; thank you - a few moments please.
Expert:  LegalGems replied 2 years ago.
When parents are unmarried, the mother has automatic legal custody of the child until paternity is proven in a court of law, thus establishing paternity. Another option is to establish paternity by affidavit, which requires the mother's consent. (That information is here: http://www.courts.ca.gov/1201.htm)
Once parentage is established, the court can make orders for child support, health insurance, child custody, visitation, name change, and reimbursement of pregnancy and birth expenses. Without establishing parentage, the court cannot make orders regarding these issues, so if 1 parent needs child support and the other will not pay voluntarily, the court will not be able to order child support until parentage is established.
Without paternity being officially established, the mother has exclusive custody of the child. The father can only obtain custody by petitioning the court to establish paternity and proving that it is in the child's best interests.
Relevant family code here:
7610. The parent and child relationship may be established as
follows:
(a) Between a child and the natural parent, it may be established
by proof of having given birth to the child, or under this part.
(b) Between a child and an adoptive parent, it may be established
by proof of adoption.
7611. A person is presumed to be the natural parent of a child if
the person meets the conditions provided in Chapter 1 (commencing
with Section 7540) or Chapter 3 (commencing with Section 7570) of
Part 2 or in any of the following subdivisions:
(a) The presumed parent and the child's natural mother are or have
been married to each other and the child is born during the
marriage, or within 300 days after the marriage is terminated by
death, annulment, declaration of invalidity, or divorce, or after a
judgment of separation is entered by a court.
(b) Before the child's birth, the presumed parent and the child's
natural mother have attempted to marry each other by a marriage
solemnized in apparent compliance with law, although the attempted
marriage is or could be declared invalid, and either of the following
is true:
(1) If the attempted marriage could be declared invalid only by a
court, the child is born during the attempted marriage, or within 300
days after its termination by death, annulment, declaration of
invalidity, or divorce.
(2) If the attempted marriage is invalid without a court order,
the child is born within 300 days after the termination of
cohabitation.
(c) After the child's birth, the presumed parent and the child's
natural mother have married, or attempted to marry, each other by a
marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared invalid, and either of the
following is true:
(1) With his or her consent, the presumed parent is named as the
child's parent on the child's birth certificate.
(2) The presumed parent is obligated to support the child under a
written voluntary promise or by court order.
(d) The presumed parent receives the child into his or her home
and openly holds out the child as his or her natural child.
(e) If the child was born and resides in a nation with which the
United States engages in an Orderly Departure Program or successor
program, he acknowledges that he is the child's father in a
declaration under penalty of perjury, as specified in Section 2015.5
of the Code of Civil Procedure. This subdivision shall remain in
effect only until January 1, 1997, and on that date shall become
inoperative.
(f) The child is in utero after the death of the decedent and the
conditions set forth in Section 249.5 of the Probate Code are
satisfied.
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Thank you and take care!
Customer: replied 2 years ago.
If I go over to try and pick up my baby should I have the police with me?
Customer: replied 2 years ago.
You don't have to call me then. I cancel the phone charge and will keep typing. My mother is here to help me!
Expert:  LegalGems replied 2 years ago.
We cannot give specific legal advice; the customer must decide if they wish to be accompanied by the police. If the father refuses to turn over the child and there is no custody order in effect, law enforcement will generally instruct the father to turn the child over to the mother.
It helps to have proof of parentage-ie copy of birth certificate.
Customer: replied 2 years ago.
Can I go and pick up all his belongings then if the police officer stays.
Expert:  LegalGems replied 2 years ago.
That would be at the discretion of the officer; normally they will allow the parent to take the child's personal effects, at least those that are necessary such as clothing, etc.
Expert:  LegalGems replied 2 years ago.
I just read your post about the phone call; I did not receive that request. Did you have any other questions on the above that you would like to post here?
Customer: replied 2 years ago.
No, not at this time. So if I need to get an answer to some more questions how to I do that since I paid for unlimited questions.
Expert:  LegalGems replied 2 years ago.
You would post the question after logging into your account. There should be a question box.
I'm an individual contributor so the billing and technical issues I am only vaguely familiar with.
The customer support department is very helpful if you encounter any problems and can be reached here:
1(###) ###-####
Expert:  LegalGems replied 2 years ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!