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Parental rights

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HRZ

Senior Member
BTW if both you and father signed and filed the voluntary acknowledgement of paternity , as far as I know, that makes him equally entitled to child as you are . Equal obligations too.
 


Zigner

Senior Member, Non-Attorney
BTW if both you and father signed and filed the voluntary acknowledgement of paternity , as far as I know, that makes him equally entitled to child as you are .
Legally, no. Practically, yes.


Equal obligations too.
No, not just based on the declaration of paternity.

ETA: It's called a "Declaration of Paternity" in California.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Because you committed fraud in 2009 and didn't do things the legal proper way then. Now you are back and still haven't done things the proper way.
In the OP's other thread, she claims that they both signed the "birth certificate". Of course, that is false. If they were married at the time of the birth, then a birth registration form was completed and signed. If they were unmarried, then a Declaration of Paternity (California's AOP) was completed and signed along with the birth registration form. The only way the guy's name could have ended up on the birth certificate was by the OP lying on the form(s).
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

My son is 4. The father and I have never been married.. There is no custody order but my son has lived with me his entire life. His father picked him up in December for a 2 week visit then refused to bring him home. I filed a petition for custody Jan 4th but haven’t been able to get him served so now I’ll be having to ask for a continuance which is just building status quo and in the meantime he’s not allowing me contact with my son. I feel like what he’s done is illegal in some aspect but can’t afford a lawyer. Custodial interference.. parental abduction? Why does it seem like I have NO rights even though we’re supposed to have equal rights? Any advice on where to go from here would be helpful.
There may be other methods of service available to you. You NEED an attorney, plain and simple.
 

justhe3ofus

Junior Member
This is not the same child from 2009, she is now 18. As I stated in my original post the child I’m referring to is 4 years old and has a different father. The child was not born in California he was born in Las Vegas and we had a dna test done in 2016 when he was 2 years old. Yes I suppose I haven’t learned anything in 9 years but I came here for help because I can’t afford an attorney, not to be judged. Thank you.
 

CTU

Meddlesome Priestess
This is not the same child from 2009, she is now 18. As I stated in my original post the child I’m referring to is 4 years old and has a different father. The child was not born in California he was born in Las Vegas and we had a dna test done in 2016 when he was 2 years old. Yes I suppose I haven’t learned anything in 9 years but I came here for help because I can’t afford an attorney, not to be judged. Thank you.
Let me rephrase.

You haven't yet managed to even have Dad served yet. We cannot do that for you, and we cannot take you step by step through the entire process. If you are unable or unwilling to put in the work and learn what you need to do, you really can't afford to NOT have an attorney.

You're welcome. :cool:

(Fwiw, you live in what is possibly the most pro-se friendly state in the country ... all you have to do is put in the effort. I mean ... seriously)
 

justhe3ofus

Junior Member
I am willing to put in the work.. I’ve done consultations with lawyers, paralegals, self help clerks, etc... which is why I’m here for ADVICE because without $4,000 my questions can only go so far. I’ve attempted to have him served by certified mail to his last known address and am hiring a process server to help try to have him served.
 

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