Obtaining Joint Physical and Legal Custody

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

The basics: I have a child support case opened against me. As of now there is no official order for support, I have not paid any money to the system or the mother. There is a court date set later this month in which they will be establishing the monetary amount I am to pay.

I have established paternity (positive) through DNA testing arranged and administered by child support offices. My intent now is to obtain joint physical and legal custody of my son. What is the next step I must take? From what I have researched, there are two options for me (although I'm not entirely clear on the correct path).

I can either file the Uniform Parentage Case - http://www.saccourt.ca.gov/family/do...upa-packet.pdf

Or file the Request Order form FL-300. http://www.courts.ca.gov/documents/fl300.pdf

I am using this site for the basic information - http://www.courts.ca.gov/1185.htm

The confusion arises when they state in the first link (uniform parentage) to avoid multiple case filings. By having a child support issued against me, has that in effect, established a case already? If so, would I need to opt for the fl-300 form and bypass the first uniform parentage case papers?

Additionally, I am out of state and unclear how to file with the court clerks. What is the proper procedure for this?

As far as non-custodial rights go – the mother is denying me access to my son at least until AFTER this upcoming court date (which as I understand has no relevance to the actual custody arrangements, only the child support). Do I have any legal recourse at this point in time (without holding any legal papers or court orders other than the DNA lab results…)?

Quote:

---

Quoting eagerdada

---

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

The basics: I have a child support case opened against me. As of now there is no official order for support, I have not paid any money to the system or the mother. There is a court date set later this month in which they will be establishing the monetary amount I am to pay.

I have established paternity (positive) through DNA testing arranged and administered by child support offices. My intent now is to obtain joint physical and legal custody of my son. What is the next step I must take? From what I have researched, there are two options for me (although I'm not entirely clear on the correct path).

I can either file the Uniform Parentage Case - http://www.saccourt.ca.gov/family/do...upa-packet.pdf

Or file the Request Order form FL-300. http://www.courts.ca.gov/documents/fl300.pdf

I am using this site for the basic information - http://www.courts.ca.gov/1185.htm

The confusion arises when they state in the first link (uniform parentage) to avoid multiple case filings. By having a child support issued against me, has that in effect, established a case already? If so, would I need to opt for the fl-300 form and bypass the first uniform parentage case papers?

Additionally, I am out of state and unclear how to file with the court clerks. What is the proper procedure for this?

As far as non-custodial rights go – the mother is denying me access to my son at least until AFTER this upcoming court date (which as I understand has no relevance to the actual custody arrangements, only the child support). Do I have any legal recourse at this point in time (without holding any legal papers or court orders other than the DNA lab results…)?

---

No, you have no legal recourse at this point in time. You need to file to establish custody and parenting time if you want enforceable access to the child.

Mom isn't required to allow you access to the child. If the only case filed against you is the child support case, then you'll have to file a new summons and petition in the family court for visitation and custody matters as the court that handles your support matters most likely won't be the court that deals with custody.

Quote:

---

Quoting CourtClerk

---

Mom isn't required to allow you access to the child. If the only case filed against you is the child support case, then you'll have to file a new summons and petition in the family court for visitation and custody matters as the court that handles your support matters most likely won't be the court that deals with custody.

---

Hmm, you have to love the system... Child is born, mother receives full rights and custody -- father receives right to pay. :D:rolleyes:

Regarding the summons and petition you speak of, what exactly is that? The actual form? Do the websites I linked contain the correct papers?

http://www.courts.ca.gov/documents/fl300.pdf

Quote:

---

Quoting eagerdada

---

Hmm, you have to love the system... Child is born, mother receives full rights and custody -- father receives right to pay. :D:rolleyes:

---

This won't happen if you keep your johnson in your pants and only procreate when married.

Also, is anyone aware of the initial filing fee for the request order form? If I have a case opened already through the child support services, does it change the cost?

I am seeing $435 listed the filing fee?!? Is this accurate? I see other states listed at $40 and some even $0?

Quote:

---

Quoting Antigone

---

This won't happen if you keep your johnson in your pants and only procreate when married.

---

Besides being what is, in my opinion at least, disgusting, vulgar, and disrespectful terminology used above (incidentally, Merriam-Webster agrees with me on this point), this kind of statement always makes my stomach turn. It takes two to make a baby. It's just as much dad's responsibility as mom's that a baby was born outside of marriage. It's NOT a reason to give mom all rights to a child initially.

I don't need to hear the biology argument either. I already know it and its largely an excuse in this day of modern technology. There are other ways to work this process than the one we use in most states today.

Of course, dad does need to work on what he can control, because he has to live with the results of the decision he makes, and not mom. That doesn't make the system "fair" or "good" for fathers, children, or even mothers at this point. But hey, many don't claim it to be anyway.


Dad, by joint physical custody, surely you don't mean for the child to spend half of his time with you? You dont even live in the same state as mom. This will be a major hurdle for you, both in the courtroom and in the child's life. My first suggestion for you would be to think about moving to where your child is.

Quote:

---

Quoting FatherWhoWon

---

Besides being what is, in my opinion at least, disgusting and disrespectful terminology used above, this kind of statement always makes my stomach turn. It takes two to make a baby. It's just as much dad's responsibility as mom's that a baby was born outside of marriage. It's NOT a reason to give mom all rights to a child initially.

I don't need to hear the biology argument either. I already know it and its largely an excuse in this day of modern technology. There are other ways to work this process than the one we use in most states today.

Of course, dad does need to work on what he can control, because he has to live with the results of the decision he makes, and not mom. That doesn't make the system "fair" or "good" for fathers, children, or even mothers at this point. But hey, many don't claim it to be anyway.


Dad, by joint physical custody, surely you don't mean for the child to spend half of his time with you? You dont even live in the same state as mom. This will be a major hurdle for you, both in the courtroom and in the child's life. My first suggestion for you would be to think about moving to where your child is.

---

Oh I'm aware it is quite a hurdle, but as you alluded to, it is what it is right now. I guess we will see just how far father's rights movements have gone... However, before that point I've got to get this dadgum custody paperwork process started.

I don't know all the specifics about California on this (I'm on the complete opposite side of the country), besides that California can often be quite different than other states! Sorry I can't help you with those details.

Quote:

---

Quoting FatherWhoWon

---

Besides being what is, in my opinion at least, disgusting, vulgar, and disrespectful terminology used above (incidentally, Merriam-Webster agrees with me on this point), this kind of statement always makes my stomach turn. It takes two to make a baby. It's just as much dad's responsibility as mom's that a baby was born outside of marriage. It's NOT a reason to give mom all rights to a child initially.

I don't need to hear the biology argument either. I already know it and its largely an excuse in this day of modern technology. There are other ways to work this process than the one we use in most states today.

Of course, dad does need to work on what he can control, because he has to live with the results of the decision he makes, and not mom. That doesn't make the system "fair" or "good" for fathers, children, or even mothers at this point. But hey, many don't claim it to be anyway.


Dad, by joint physical custody, surely you don't mean for the child to spend half of his time with you? You dont even live in the same state as mom. This will be a major hurdle for you, both in the courtroom and in the child's life. My first suggestion for you would be to think about moving to where your child is.

---

I didn't mean this to be sweet. He is complaining about having to pay and not getting any rights. I stand by what I said and I make no apology for my comment no matter how many flips your tummy makes.