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Parental rights

#1
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 havenÂ’t been able to get him served so now IÂ’ll be having to ask for a continuance which is just building status quo and in the meantime heÂ’s not allowing me contact with my son. I feel like what heÂ’s done is illegal in some aspect but canÂ’t afford a lawyer. Custodial interference.. parental abduction? Why does it seem like I have NO rights even though weÂ’re supposed to have equal rights? Any advice on where to go from here would be helpful.
 

CTU

Senior Member
#2
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.
 
#7
I’m 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?
 

CTU

Senior Member
#8
I’m 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.
 

HRZ

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

stealth2

Under the Radar Member
#14
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
I’m 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.