Seeking Legal Advice

Updated on September 25, 2008
C.N. asks from Antelope, CA
5 answers

Here is my situation in short form: My boyfriend and I have been living together for 9 mo. and we have a 13 mo. old daughter and my boyfriends 7 yr. old also lives us full time as well as my 2 other children from a previous marriage. Things are not working out so well and I feel I need to start thinking about my legal rights as to our daughter. If he moves out he has said he will file for 50% custody. I can't even imagine not having her with me. She has been with me everyday since her birth. I fact I went through the whole pregnancy by myself with my boyfriend 3 states away, not seeing him until I gave birth. This has kept me from sleeping at night. I am afraid he will make things very hard for me legally. I want to believe that no judge would take an infant away from thier mother if even for 50% of the time. I stay home and have raised my 4 kids for the past 11 years. The thought of her being forced into childcare and being with him out of my sight is really making me nervous. We don't agree on alot of things especially the way we raise children and that is the main reason why things are not working out. Does anyone have any experience going through something like this or have any advice? I don't have much money so going to a family attorney is too expensive. I have thought about seeing a paralegal but don't know much about them.
Any advice is appreciated. My whole family lives out of state so my support system is not close by.

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C.S.

answers from Sacramento on

Get your self down to the family court and file for full legal custody NOW! Also file for a fee waiver so it won't cost anything to file the parent who has the child in thier physical custody at the time of filing is the custodial parent until a judge decides otherwise. Please feel free to email me directly on this matter I've been there done that and work in the human services field. my email is : ____@____.com give yourself a break if in doubt file now. Good luck! Alli

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K.J.

answers from Sacramento on

I went through a custody dispute if you remain at your residence with your daughter and other children and keep her in the same daycare you will have a good chance of keeping her more than 50%, if he moves you can tell the courts he abandoned you two when he takes you to court...but other wise keep the breakup simple and try to stay out of court.

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M.Z.

answers from Sacramento on

Hi C.~

Placer County also has legal help available at no cost; here's the link http://www.placer.courts.ca.gov/?uid=41. They helped me with custody of my son and his dad. I agree with one gal that said let him leave and move then you can state that he abandoned you two.

Good luck and get as much info as possible before you speak to him about custody or leaving as it will put you in a more knowledgeable position. If he is aggressive toward you or the kids, you can use that as well.

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J.S.

answers from Sacramento on

Sally's right. Do not go to a paralegal for this issue. I'm a paralegal who works in family law and can with confidence tell you not to try and cut corners on this one. McGeorge has a great clinic and they can help you or you can try Legal Services of Northern California. Parenting plans for infants can be quite complicated and you need good legal advice to help you move through the system. Public policy in California is for equal custody and with infants parenting plans are set up to move progressively towards a 50/50 plan when it is age and stage appropriate for the child. Please contact McGeorge or Legal Services right away so that you can negotiate with him from a point of knowledge and not fear. Good luck and it will be ok (I've been where you are too).

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S.A.

answers from Sacramento on

You need to learn more about family law in California which you can do for free at www.legal.com. They also have a discussion forum and you may be able to get some help from other people who have gone through what you're going through. A paralegal is definitely not the answer as they cannot give legal advice. They only have training in filling out forms. It would be similar to going to an administrative assistant who processes insurance forms in a doctor's office for medical advice. There are low cost resources, such as McGeorge School of Law, that can give you legal advice. Good luck to you.

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