Anaheim, CA asked in Family Law for California

Q: Can I file for full custody even though I don't know where the father lives?

We were never married, hasn't been around my child for the past 2 years.

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Was a paternity case or declaration of paternity ever done? Since the two of you were not married, he is not the legal dad and has to take additional steps to be declared the legal dad. Until he is the legal dad, he doesn't have standing to ask for custody, visitation, etc.

Even though you don't know where he is, you still have to try to find him and serve him. It is possible the judge may allow you to serve by publication. This can involve publishing newspaper ads, etc.

Andy

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