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Parental Rights - I am the biological mother

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  • Parental Rights - I am the biological mother

    I live in Utah. My ex girlfriend lives in California. My son live in California and yesterday my ex told me she filed for parental rights and that since there is a pending case my son cannot leave California. I am the biological mother. I have called the family courthouse out in her jurisdiction to check to see if anything has been filed and they said no. So can I go with a police escort with proof of his birth certificate and get my son? I'm sure that I will have a battle ahead of me with this parental rights thing, but since she has not filed it in court I can still go get him?

  • #2
    re: Parental Rights - I am the biological mother

    What is she doing with the child? Where does the child reside?
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: Parental Rights - I am the biological mother

      I wish to inform you that as you are not married thus you can have child custody or rights towards child only if paternity is established. Further at present child is resident of California and thus you can take child out of state only with permission of your ex as she is guardian of child. If your ex does not allow then you can seek court permission and take child along with you.

      AFF

      Comment


      • #4
        re: Parental Rights - I am the biological mother

        AFFA, it is a lesbian couple. It appears she is trying to set ground breaking case law. Refer to this article. It is worth a try to go claim your child as you were never married. I would consider pressing charges if she refuses to release the child.

        http://www.cagfamilylaw.com/blog/201...ody-case.shtml
        Originally posted by AFFA View Post
        I wish to inform you that as you are not married thus you can have child custody or rights towards child only if paternity is established. Further at present child is resident of California and thus you can take child out of state only with permission of your ex as she is guardian of child. If your ex does not allow then you can seek court permission and take child along with you.

        AFF
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          re: Parental Rights - I am the biological mother

          We were never married...the child was out there because we had a good relationship after our break-up and so i thought...so I was like ok he can stay out there try it out. The child lives in California. Been there for about a year. I called the police department to inquire about getting an escort to get him and the office told me that even though I am the biological mother I would need a custody order so that way if she refuses to give the child up then i walk away without him.

          Comment


          • #6
            re: Parental Rights - I am the biological mother

            Originally posted by jtkj11235 View Post
            We were never married...the child was out there because we had a good relationship after our break-up and so i thought...so I was like ok he can stay out there try it out. The child lives in California. Been there for about a year. I called the police department to inquire about getting an escort to get him and the office told me that even though I am the biological mother I would need a custody order so that way if she refuses to give the child up then i walk away without him.
            That is the proper venue to fight as that is where the child resides. You cannot give up your child, then expect to walk in and take them back.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              re: Parental Rights - I am the biological mother

              So even if I go with an office to do a civil standby if she refuses to give him up then that's that

              Comment


              • #8
                re: Parental Rights - I am the biological mother

                Originally posted by jtkj11235 View Post
                I live in Utah. My ex girlfriend lives in California. My son live in California and yesterday my ex told me she filed for parental rights and that since there is a pending case my son cannot leave California. I am the biological mother. I have called the family courthouse out in her jurisdiction to check to see if anything has been filed and they said no. So can I go with a police escort with proof of his birth certificate and get my son? I'm sure that I will have a battle ahead of me with this parental rights thing, but since she has not filed it in court I can still go get him?
                With a case pending the information is accurate. The child is before the court. However, there should be a docket you can access online if a case were in fact filed. It behooves you to get to California to pick up your child, with the proof that he is your son and not hers.

                When one is holding another in custody, habeus corpus petitions are usually filed. It would be best to have a court order backing you up to pick up your son. So with whatever proofs you can garner, it is imperative that you pick up your child asap.

                I suggest you contact a family law attorney in the applicable county for help retrieving your child. The law favors you, the biological mother, in custody matters. Your leaving the child with her for a year, however, has opened the door for her to bring a custody case. So it behooves you to get an attorney right away to get your child back.

                Comment

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