Watsonville, CA asked in Child Custody, Child Support and Civil Rights for California

Q: My 6year old child's father has had no contact entire life + no custody order exists. Never married wont give him back

Recently my sons father contacted me for the first time after not having heard a word from him three years and wanted to see my son. Prior to this he had only seen him twice when my son was three and then went to prison for two years. Legal paternity has not been established nor is his name on my sons birth certificate. However I wanted to do the right thing and allow my son to see his father so when he contacted me I allowed him to talk on the phone a couple time before seeing him for the first time. Then I allowed my son to stay with him a couple of times. Everything seemed to be going ok. And after the fourth visit I went to pick him up but now he refuses to give him to me and the police and cps will not help me. They say he has just as much rights to my child that I do and his father is even claiming to have had my son evaluated and says he's been neglected and he doesn't have to give him back to me. I don't know what to do.

1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: You open with saying that no custody orders exist. If no custody orders exist then what the father is doing is not in violation of any court orders. That's why the police can't help you. File a parentage action and ask for sole legal and physical custody. Concurrently with your petition, file a Request for Order to get temporary orders in place while the case is pending.

1 user found this answer helpful

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