this question is regarding my boyfriend's daughter. she is 5 years old. there is currently no custody terms i am guessing that it would then be joint custody. he is currently paying child support. the mother of his daughter moved to arizona (i dont know how long exactly ago) and he does not know where his daughter even LIVES or does not even have a phone number where he could call. is this legal...? does she have the right to do that (withhold the information as to where their daughter lives ) as far as he tells me, there is nothing in the courts as to any restrictions on visitation, etc. the child support case is in riverside ca. who can we call regarding this issue. child support says they dont deal with visitation...
2007-09-06 11:39:54 · 3 answers · asked by adrianascatering 2 in Politics & Government ➔ Government
Since there is no court order in place regarding custody. Then both parents share equally in the custody of the child. If de had the opportunity to find the child, then he could simply go and take her if the opportunity arose.
He or a lawyer can petition the court for a child custody hearing. He can use her last known address or newspaper notice to have her served. (provided he says he does not know he left town).
Now there are some important questions to be answered first.
1. Did he ever sign parental papers when the child was born? meaning; is his name on the birth certificate, if they were never married? The first thing that needs to be done is establish paternity.
2. You don't mention the state that the birth took place.
In Michigan, the unwed mother has custody of the child, due to a law that was passed a few years ago.
3. If the case has never been to court. How did he come about to pay child support?
Does he pay it directly to her?
Was it ever court ordered? or does he pay it thru the court?
If he does; then whether he knows it or not, custody has been already been established.
If that is the case then he must file a petition under that case #
Usually any attorney will give you the info. of the direction you will need to go in, with out charging you a fee.
Or their may be legal aid available if you need it.
Go to the dept. that handles custody cases at your courthouse. they will have a handbook for what you will need to do regarding your case.
At this age of 5. Unless the mother is unfit. Or at the least "unfitter" than he is. He will probably at best only get "legal" custody.
Best of luck.
2007-09-07 02:04:08 · answer #1 · answered by jy9900 4 · 0⤊ 1⤋
Why not just find out where the child support check is going.
or
get a lawyer and go to court
2007-09-06 11:49:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He needs to see a lawyer. WAY too many variables to answer based on what you provided.
2007-09-06 11:47:39 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋