abondment law?

[jsmith619]

What is the name of your state? CA
A friend of mine had a baby from birth. Four months later the birth mother has filed kipnapping charges. My friend has papers that mom has given her up. On the birth certificate is my friend's husband as the father and the birth mom's first name. Is this abondment? Any questions please contact me @ [email protected]
Thank you for your time,
Jennifer Schuler

 

[CALIF-LAWPRO62]

What is the name of your state? CA
A friend of mine had a baby from birth. Four months later the birth mother has filed kipnapping charges. My friend has papers that mom has given her up. On the birth certificate is my friend's husband as the father and the birth mom's first name. Is this abondment? Any questions please contact me @ [email protected]
Thank you for your time,
Jennifer Schuler

My response:

No, it's not abandonment - - at least, as you've described it. Birth certificates do not give an unmarried person any particular rights. Anybody can sign a birth certificate. All custody and support MUST go through the court. You cannot, legally, take the court's power away by writing "papers" on your own. Those "papers" are meaningless and worthless. To allow the enforcement of a private agreement would sanction an exception to Family Law § 2550, a method of which was never contemplated by the Legislature.

The statute does not define "abandonment" in this context. However, case law construes it to mean the child's "permanently relinquishing submission to parental control." [See County of Fresno v. Walker (1981) 115 Cal.App.3d 814, 824, 171 Cal.Rptr. 572, 578] and, that can only be accomplished through the courts, and by court order.

IAAL

 

[CALIF-LAWPRO62]

My further comment:

Jennifer, were you able to pass along the above to your friend? Any comments from you, or her?

IAAL