Wednesday, September 7, 2011

CAN I SEEK CHILD CUSTODY OF A CHILD WHO IS NOT MINE?

QUESTION: If my wife has a child with a ex boyfriend and there are no legal custody arrangements, who has legal right over the child? Is the other parent allowed to just move out of state with the child without the mother's permission, and if he does, what can be done?

MY RESPONSE:
You can't claim custody of your wife's child with another man.

If there has never been a paternity case filed regarding that child, your wife's child custody rights are far superior to the alleged father's rights.

The father doesn't have the right to move out of the state with the child.

If he does so, your wife should retain an experienced Family Law Attorney, without delay, to file a Paternity case, before jurisdiction under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) changes to the new state, which it will do six (6) months after the child has lived in that state.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com

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