Legally, no. Practically, yes.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 .
No, not just based on the declaration of paternity.Equal obligations too.
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).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.
There may be other methods of service available to you. You NEED an attorney, plain and simple.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 havent been able to get him served so now Ill be having to ask for a continuance which is just building status quo and in the meantime hes not allowing me contact with my son. I feel like what hes done is illegal in some aspect but cant afford a lawyer. Custodial interference.. parental abduction? Why does it seem like I have NO rights even though were supposed to have equal rights? Any advice on where to go from here would be helpful.
Let me rephrase.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.