My question involves a child custody case from the State of: California
Me and my girlfriend were living together in our own apartment, she was pregnant during this time she is due sept 6 2013. We had problems and she left with her ex boyfriend and threatened me with taking my child away from and not letting me be on the birth certificate. She now living wit her ex boyfriend which has a restraining order against her and vise versa . She has been charged with domestic violence few months ago and I am scared that I won't be able to see my son. Can anybody give me some advice .. Is there any chance I can have custody if my child wen it is born
Starting Custody Proceedings for an Unborn Child
Printable View
-
08-06-2013, 09:19 PMMgraz714Starting Custody Proceedings for an Unborn Child
-
08-06-2013, 09:57 PMDogmatiqueRe: Unborn Child and Custody(Domestic Violence)
As an unwed father you have no rights as yet - but you CAN actually start a petition to establish paternity before the child is born, which will be held until the child IS actually born.
The problem you have is that by the time paternity is sorted out - and this could takes months rather than weeks - Mom will have status quo on her site.
With that said, are these TROs that she and her ex have against other? -
08-07-2013, 11:08 AMMgraz714Re: Unborn Child and Custody(Domestic Violence)
Sorry did not understand the last part if ur message bout status quo and TRO's..
-
08-07-2013, 11:10 AMLawResearcherMissyRe: Unborn Child and Custody(Domestic Violence)
By having the status quo on her side, it means that by the time paternity is established, Mom will have already been the child's sole caregiver for months, and your chance at sole custody is very slim to nonexistent.
What are the restraining orders for, exactly? -
08-07-2013, 11:12 AMAntigoneRe: Unborn Child and Custody(Domestic Violence)She means that baby will continue to live with mom even when/if you are legally declared dad. I strongly recommend that you ask for a court-ordered DNA test before signing an affadavit of paternity.Quote:
Quoting Mgraz714
Once you are legally declared dad, you can file for custody, visitation and to pay child support to mom. -
08-07-2013, 11:22 AMMgraz714Re: Unborn Child and Custody(Domestic Violence)
Thank u so much for the advice .
Another question once I file for child custody does it help that she and her boyfriend have had domestic violence arrest and restraining orders against each other . -
08-07-2013, 11:24 AMAntigoneRe: Unborn Child and Custody(Domestic Violence)Not normally.Quote:
Quoting Mgraz714
-
08-07-2013, 11:26 AMMgraz714Re: Unborn Child and Custody(Domestic Violence)
Should I get an attorney for all these procedures
-
08-07-2013, 11:27 AMAntigoneRe: Unborn Child and Custody(Domestic Violence)It would certainly be easier for you to get representation.Quote:
Quoting Mgraz714
-
08-07-2013, 11:34 AMMgraz714Re: Unborn Child and Custody(Domestic Violence)
Wel wen I and her wer together she was living with the xboyfriend.. He called the cops on her and she fled the scene the cops investigated and she got a letter stating she had a warrant for her arrest on a domestic violence charge( at this time she was already pregnant and I had leased an apartment for her)we went to court and they gave them a restraining order against each other . I don't know wat she pleaded guilty to bu I know that she needs to complete classes for two years ( anger management ) and has three years probation
- - - Updated - - -
I'm sorry , wat are TRO's??