What Are My Rights As a Father

My question involves a child custody case from the State of: California.

Me & my girlfriend share a place together. She booked a 1 way ticket to Missouri w/ my daughter so the family could see our 9 month old daughter. I booked her a ticket back to CA. She emailed me & said she is STAYING in Missouri WITH my daughter & isn't coming back. Feels like she tricked me and had this planned all along. What are my rights as the father? Can she just up and leave the state w/ no intention to come back when our daughter was born in CA and lives under my roof? She consistently has told me that I haven't done ANYTHING wrong, she just no longer wants to be in a relationship w/ me and doesn't want to come back. So I said she could keep her flight and I'll book her a flight RIGHT back to Missouri. This way I can be w/ my daughter since I've been w/o her for a month. She then had every excuse not to do this. "She's still nursing" "I don't want to put her on formula" "I'm the mother and she's attached to me". Meanwhile, my bond w/ my daughter is lessening and will continue to lessen the more I am away from her. I just need to know my rights. Most deadbeats would be happy w/ something like this, but I've been w/ my daughter EVERY DAY since she was born and my heart is in shambles. What rights do I have?

Get to court tomorrow morning and file for paternity/visitation/support and for the child to be immediately returned to her home state of California. You would do best with a lawyer as this could get complicated since you were not married. (Did you sign the AOP?)

What does AOP mean? Does that have something to do w/ the paternity paper that I DID sign after my child was born? If so, like I said, I DID sign that. What does this mean now? I was involved w/ the entire process as I've been a great father since my daughter was born. And how could it get complicated? I know the law favors the mother, but I'm still the father and I thought if there was no custody agreement, both parents are due "equal" time w/ their child. But I'll be the 1st to say I know NOTHING about this stuff. Thank you for the feedback, I need all I can get.

Unless there is some court ordered visitation, the mother is free to move wherever she desires and take the child with her. You need to file for custody and/or visitation and go from there.

Quote:

---

Quoting gr8one007

---

What does AOP mean? Does that have something to do w/ the paternity paper that I DID sign after my child was born? If so, like I said, I DID sign that. What does this mean now? I was involved w/ the entire process as I've been a great father since my daughter was born. And how could it get complicated? I know the law favors the mother, but I'm still the father and I thought if there was no custody agreement, both parents are due "equal" time w/ their child. But I'll be the 1st to say I know NOTHING about this stuff. Thank you for the feedback, I need all I can get.

---

Yes, the AOP = Acknowledgement of Paternity. The law favors the CHILD. Mothers and Fathers have equal rights to children born to their marriage. Fathers who did not marry the mothers have to go to court to get rights. If you do not have any court orders, there is a good chance that mom will not be ordered to return the child to California and you will end up with a long distance parenting plan. A local attorney could tell you about the climate of your local courts and what the judges are likely to do. The sooner you file, the better.

Quote:

---

Quoting gr8one007

---

...I thought if there was no custody agreement, both parents are due "equal" time w/ their child...

---

This is incorrect. As of now mom is under no legal obligation to give you access to your child.

For several reasons, the odds of you having the child ordered returned are slim at best. This given CA has a statutory presumption favoring the right of custodial parents to relocate, and your child was born out of wedlock, and you waited until your child has left the state to initiate legal actions.

While you should file in court for your custodial and visitation rights, expect one of the first actions will be to order you to start paying child support.

Although on some levels it is unfair and sucks... it's just the way it is.

Is your name on the birth certificate? Do you have any court/legal documents to show that you are the father? If so, a case for child stealing might be made with the police - this can be charged as a felony per PC 278.5

278.5. (a) Every person who takes, entices away, keeps, withholds,
or conceals a child and maliciously deprives a lawful custodian of a
right to custody, or a person of a right to visitation, shall be
punished by imprisonment in a county jail not exceeding one year, a
fine not exceeding one thousand dollars ($1,000), or both that fine
and imprisonment, or by imprisonment in the state prison for 16
months, or two or three years, a fine not exceeding ten thousand
dollars ($10,000), or both that fine and imprisonment.
(b) Nothing contained in this section limits the court's contempt
power.
(c) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.

If not, you will have to first establish paternity then sue for custody. This may well be extremely difficult because of the distances involved. However, it IS possible as it appears the residence of jurisdiction would be whatever county you shared a residence in here.

You should speak to an attorney immediately.

We see this stuff all the time ... there are legal benefits to marriage - one of them is presumed paternity. Now, you have a potentially uphill battle to fight and it could be long and expensive.

So much different information, which I can only expect, has me still confused. It does sound like I need to talk to an LA lawyer who deals w/ this subject and find out what are my california rights as a father and what not. I just miss my daughter.

Quote:

---

Quoting gr8one007

---

So much different information, which I can only expect, has me still confused. It does sound like I need to talk to an LA lawyer who deals w/ this subject and find out what are my california rights as a father and what not. I just miss my daughter.

---

The key issue here will be whether or not you are the LEGAL father. I am not at all sure what it is you signed and when. Because you signed an AOP I presume that your name was NOT on the birth certificate. She would also generally be required to provide a declaration of paternity and if she has not done so then this can present a problem for you.

You will need to consult that attorney. And unless you already have a legal claim as the father of the child, the police will not be able to help.

This is a great example of why marriage is so important when couple want to bear children.

Quote:

---

Quoting cdwjava

---

The key issue here will be whether or not you are the LEGAL father. I am not at all sure what it is you signed and when. Because you signed an AOP I presume that your name was NOT on the birth certificate. She would also generally be required to provide a declaration of paternity and if she has not done so then this can present a problem for you.

You will need to consult that attorney. And unless you already have a legal claim as the father of the child, the police will not be able to help.

This is a great example of why marriage is so important when couple want to bear children.

---

why do you believe the name is not on the BC because he signed an AOP? If they weren't married, he can sign an AOP at the hospital prior to them hospital submitting the BC for recordation.