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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 3006
Experience:  Licensed to practice before state and federal court
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I am an unmarried mother. I have a 4 month old with my

Customer Question

Hi, I am an unmarried mother. I have a 4 month old with my boyfriend. He signed the paternal paper at birth. I am her primary caregiver and pay all her medical bills. Do we both have equal rights if we separate? He has just taken her while I was at the dentist and now wont tell me where she is.
JA: What state are you in? It matters because laws vary by location.
Customer: Californi California
JA: Has anything been filed or reported?
Customer: No he just took her and is saying he wants to split our time with her.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He was being aggressive in front of her yesterday, nothing has been reported. that is all thank you
Submitted: 1 month ago.
Category: Family Law
Expert:  Legal Eagle replied 1 month ago.

Hello! My name is ***** ***** I am a licensed attorney, admitted to practice in state and federal court. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. I am happy to speak with you, but by no means are you required to accept it.

Expert:  Legal Eagle replied 1 month ago.

The answer to your question is yes, you both have equal rights at this moment. Without a court order, the law considers both of you to have equal custody. To terminate his rights or modify his rights, you would have to go through the family court in California to make that happen. Have you considered contact the police or anyone who may know of her whereabouts?

Customer: replied 1 month ago.
Since we both have equal rights is he allowed to take her and not tell me where she is?
Customer: replied 1 month ago.
I asked his brother who I thought he was with where she is. He said he would find out.
Expert:  Legal Eagle replied 1 month ago.

To a degree, he can. However, because you have rights, you have the right to know where your child is at. It's kind of like shared rights that the courts would prefer parents work out on their own. But if he takes the child and does not tell you, he essentially is abducting the child. This is different than if my wife comes home and my child and I are out to ice cream and she isn't aware. If he wont' tell you, then he may be breaking the law. I'd recommend contacting the police or sheriff's office to help you get this situated ASAP.

Expert:  Legal Eagle replied 1 month ago.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 1 month ago.
Thank you for the information!
Customer: replied 1 month ago.
thank you!
Expert:  Legal Eagle replied 1 month ago.

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually.