Anaheim, CA asked in Family Law, Child Custody, Domestic Violence and Medical Malpractice for California

Q: My ex boyfriend somehow obtained a DNA test by fraudulently signing as guardian and took that to court and was able to

Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast forward....my son's possible biological parent then staged a DV and got a protective order against me and I haven't seen my son in almost a year. I tried fighting all of this but the judge (judge Wells) didn't want to hear anything I had to say. A week ago after running out of options my son's legal father and myself filed a stipulated custody agreement thru his case that was started before my son's "biological" father's and it was approved. Now I have conflicting orders from 2 judges in the same courthouse. One judge granting me and legal dad 5050 custody. The other judge giving bio dad sole legal and physical with no visitation for me or legal dad. Do the orders granting 5050 to me and legal dad supercede the other orders since they are more recent?

1 Lawyer Answer
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Divorce Lawyer
  • Redding, CA
  • Licensed in California

A: I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that he had already been granted custody of the child. Had all of that been done properly the courts would probably have consolidated/coordinated the cases so that in the end there is proper findings as to the child's father and custody.

Something tells me that the courts, when appraised of the end result here, are not going to be happy about the evident lack of disclosure that created this problem.

I suggest you immediately seek counsel that practices in that court so that they are familiar with the local rules and practices. You need to file something right aware to clarify the situation.

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