San Jose, CA asked in Child Custody and Family Law for California

Q: Could my gf get full custody from the biological dad who is legally married, double her age, and have children?

My gf wants to get away from the biological father because he yells at her. The child gets dropped off to the dad, but only the biological dad's wife takes care of the child only. My gf only have the child be dropped off and does not want to get any child support from the biological dad. The biological dad was not at the time of birth and he is not on the birth certificate. My gf does not get any financial support from the biological dad to raise the child My gf wants to get full child custody.

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: If she wants "full custody" she'll need to ask for it. i.e. she'll need to start a parentage (aka paternity) action and ask for custody orders as a part of that action. Financial support is for the child; not for the parent. Mom cannot waive child support. You have not provided any factual basis here for a court to award full custody to mom and it's not clear what you mean by "get away from the biological father". Do you mean she wants to move away with the child? That's an entirely different issue. She should consult with an attorney in her area.

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