QUESTION
Can a mother seek sole custody without the father knowing?
Asked on Aug 12th, 2014 on Family Law - California
More details to this question:
The first 7 months of the child's life the father was not around due to denial and he questioned if the child was his. He got a paternity test and confirmed he was the father. Immediately after receiving the results he has been a full time dad, doing everything for his son and now daughter. In the 7 months that he was not involved, the mother got a legal document staying that the father had no rights to his son. The father never knew she petitioned the court for this and now she threatens him constantly that if he doesn't do what she says she will take the kids. What can be done? The father wants his kids as much as possible. In fact, they live with him more than the mother, he financially provides everything, and his family provides everyday care while they are working. But the fear of losing more rights keeps them from going to court since they are told the father does not have as many rights as the mother.
1 ANSWER
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The father should have been served with the petition/motion for custody. It sounds like it may be possible she didn't actually ever file anything, she's just threatening him. There is no apparent reason why he would not get joint custody if he files a Request for Order (assuming there was an existing case or a Petition if there isn't an existing case). He will not lose any rights by filing for and getting a court order for custody, the mother is simply trying to intimidate him. He should either seek the help of an attorney or most courts have a family law self-help center that can give him the paperwork he needs to do it himself.
Good luck!
Answered on Aug 14th, 2014 at 11:52 AM