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Thread: Parental rights

  1. #1
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    Parental rights

    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.


  2. #2
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    Quote Originally Posted by justhe3ofus View Post
    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.
    Why haven't you been able to serve him?

    This is not parental abduction and, in your state, it's not custodial interference either.


  3. #3
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    I donít have a current address for him.


  4. #4
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    Quote Originally Posted by justhe3ofus View Post
    I donít have a current address for him.
    Why did you allow the child to go with him without having a current address for the father?


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
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    Px Hx folks....


  6. #6
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    She needs to quit avoiding court and do things the legal way. Rather than committing fraud and such. good grief.


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
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    Iím not sure what you mean by that statement because obviously if I filed the petition then I AM doing it the legal way. How is that committing fraud?


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    Quote Originally Posted by justhe3ofus View Post
    Iím not sure what you mean by that statement because obviously if I filed the petition then I AM doing it the legal way. How is that committing fraud?
    How did you serve him the original petition?

    You're in over your head. You need an attorney.


  9. #9
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    Ok Iím not sure if I said something wrong or what but he hasnít been served at all.


  10. #10
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    ON what official basis does the man have any rights to the children...tell us the official reason..that is applicable in CA.


  11. #11
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    Quote Originally Posted by HRZ View Post
    ON what official basis does the man have any rights to the children...tell us the official reason..that is applicable in CA.
    First, let's ask the OP this question: Was an acknowledgement of paternity filed?


  12. #12
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    Paternity has already been established through a DNA test and heís on his birth certificate.


  13. #13
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    Then the reality is that the police are NOT going to get involved in this matter. It's a civil matter.


  14. #14
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    So wait.... Is this the same child you had in 2009? Not your daughter that was the subject of your questions then, but the other child you had? Or is this a "new" child? Is this father the same for both the oldest and this one? Or a different one? Have you learned nothing in 9 years?


  15. #15
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    Quote Originally Posted by justhe3ofus View Post
    Iím not sure what you mean by that statement because obviously if I filed the petition then I AM doing it the legal way. How is that committing fraud?
    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.


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
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