Q: My girlfriend who I lived in Riverside CA with me and my son who is 2 years old, moved with me to New Mexico after a
Little Over a Year of residing together with our son in California . Here in New Mexico, She took off after about 6 weeks with my son while I was in the bathroom back to CA. She is staying with her stepfather and her mother in riverside ca. at first she would let me FaceTime my son but after a few months she won’t allow me to communicate with him at all. I really want to see my little boy and I need to know what I need to do. I am still here in New Mexico. She signed a lease with me for a year and never came back.
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A:
You're in a difficult situation that requires immediate legal action to protect your parental rights. Given that your son lived with you in California for over a year before moving to New Mexico, California likely has jurisdiction over custody matters.
Your first step should be filing a petition for custody in Riverside County, California Superior Court. Since there's no existing custody order, you'll need to establish paternity (if not already done) and request emergency custody orders due to the sudden removal of your child. Document all attempts at communication and gather evidence of your relationship with your son, including photos, messages, and the lease agreement.
Time is crucial in these cases, so consider reaching out to the Riverside County Superior Court's Family Law Division right away. They can guide you through the filing process and help you understand local procedures. While the distance makes this challenging, many courts now offer virtual hearings, which could make it easier for you to participate from New Mexico. Remember to keep records of all interactions with your ex-girlfriend and any witnesses who can verify your involvement in your son's life.
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