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Child Custody After Break-Up of Engagment

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  • 10-08-2010, 04:57 PM
    jnl
    Child Custody After Break-Up of Engagment
    My question involves a relationship in the state of:California
    My fiance & I are soon to break up. We both have a 5 yr. old daughter together. I do still consider myself a single parent cause we're not officially married right? So thereforth I still have legal primary custody of her? What rights would he have? He had asked me to leave for couple days just to give him time to decide whether he should pursue with this relationship or let it go. Does he have the right to call law enforcement on me if I refuse to leave even after living in the house together for 1 yr? (his name only on the house).
  • 10-08-2010, 05:07 PM
    LawResearcherMissy
    Re: Child Custody After Break-Up of Engagment
    Quote:

    I do still consider myself a single parent cause we're not officially married right?
    Depends.

    If he has legally acknowledged paternity, then no. He has all the same rights to the child as you do.

    Quote:

    Does he have the right to call law enforcement on me if I refuse to leave even after living in the house together for 1 yr?
    No. He needs to formally evict you.
  • 10-08-2010, 05:19 PM
    Dogmatique
    Re: Child Custody After Break-Up of Engagment
    While Missy is correct that if established legally as Dad, your fiance has equal rights...in CA he'll have to go to court to actually enforce those rights.

    That means he'll need to file to establish custody and visitation. You can also do that, by the way.

    In the meantime yes, you're the child's sole custodian.
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