QUESTION
How can I get custody of my child if his dad is in Mexico?
Asked on Jan 27th, 2016 on Child Custody - California
More details to this question:
My sons dad is In Mexico he left when my son was about 9months old because he hit me and i made a police report but never pressed charges. I have not heard from him since then he has never payed child support and back in Mexico he has family already. The only way my son knows about him is because he goes to visit his dad's mom once a month or every two months. Now he wants me to have a cousin of his to take my son to Mexico on a vacation. I refuse to this since barely last year his little 1 year old passed away. She drowned while her mom was at home. I cant trust anyone with my son leaving specially if i haven't have no communication with that person for years. Now i want complete custody since i have been the only one raising my son with no ones help.
1 ANSWER
Family Law Attorney serving San Rafael, CA
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Richard Helzberg
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I'd advise you to see a private attorney or if you haven't funds for that, go to your local county courthouse and see the Family Law Facilitator who can explain how you can file a motion for custody and - this is very important- serve the father by publication. Father must be served so the order can be obtained. And right, do NOT allow your son to go to Mexico. If Father keeps him there you have some legal options to get him back but as a practical matter, not ones on which you can rely.
Answered on Jan 28th, 2016 at 9:35 AM