Montebello, CA asked in Child Custody and Family Law for California

Q: Do I need to file for custody?

My child's father is not on the birth certificate but we do have a child support case open. I want to be able to get her a passport and travel. Do I need to file for custody?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your situation, obtaining a passport for your child and planning to travel may require clear legal authority regarding custody. Since the father is not listed on the birth certificate, establishing his parental rights might already be part of your ongoing child support case. However, without a formal custody agreement, there could be limitations on your ability to make decisions like obtaining a passport.

Filing for custody can help clarify your legal rights and ensure that you have the necessary authority to travel with your child. This is especially important if you anticipate any disputes or if the other parent might seek to restrict your travel plans. A custody order can provide peace of mind and legal protection, making the process of getting a passport smoother.

It’s advisable to consult with a family law attorney who can guide you through the specific requirements in Montebello, CA. They can help you understand whether filing for custody is necessary in your case and assist you in taking the appropriate steps to secure your child’s ability to travel legally and safely.

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