Legal Question in Family Law in California

my daughter broke up with her boyfriend and there is no custody order in effect. he comes to see the baby every day, but does not let him take the baby. He came to my house today with the police stating that she doesn't let him see the baby. Is it true that she has to let him take the baby, because that is what the police officer told her, and he also threw in child stealing and harboring, which I think was intended for me. Is that true? She is planning to go to court on Monday morning to settle the custody issue.


Asked on 4/17/10, 7:52 pm

1 Answer from Attorneys

The police officer is wrong. He should not have injected himself in a civil matter at all, except to keep the peace. You should file a complaint. If an unmarried biological father wants rights in his child, he must file a paternity action unless both parents signed a declaration of paternity, and obtain a custody order. And even then, if the mother keeps the child and violates the order, the police may not intervene unless there is a contempt order. Get a custody and child support order in place as soon as possible to put a stop to this situation.

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Answered on 4/22/10, 8:08 pm


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