San Diego, CA asked in Family Law for California

Q: My boyfriend’s son is 13 the child’s parents were never married and have a verbal agreement of shared time with the

Stay-at-home order From COVID-19 the mother continues to allow her son to attend ‘play dates’ and attend birthday parties what can the father do to immediately halt these actions? Spring break begins 6 April for 2 weeks and all indications are that the mother will continue normal activity taking the son out of town the mother continues ignoring the father’s pleas to stop please advise

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1 Lawyer Answer
Mike Darlington
Mike Darlington
Answered
  • Shingletown, CA
  • Licensed in California

A: This is one you are going to have to have the courts weigh in on. It appears from the question the matter has never been to court since there are no current custody orders. You would either need to file a Petition for Custody/Support or a Paternity action depending on if there is a Voluntary Declaration of Paternity or not. Also with that filing you would need to file a Request for Order with an emergency temporary order request that seeks to stop the sort of objectional conduct you are referring to in your question.

Colleen M. Talkov agrees with this answer

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