What are my rights if my son’s father does not allow me to see him?

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What are my rights if my son’s father does not allow me to see him?

No custody has yet been established.

Asked on December 17, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If you were not married, you would need to file the following:

  1. FL-200 Petition to establish a parental relationship
  2. FL-210 Summons
  3. FL-300 Request for Order

If you were married, you would need to file the following:

  1. FL-100 Petition for Dissolution/Legal Separation
  2. FL-110 Summons
  3. FL-300 Request for Order

After these documents are filed, you would need to have someone else personally serve them on your son's father.  Then you would have mediation and a court hearing to decide what custody arrangement is in your son's best interest. 

Some custody issues are complicated (like when there are issues involving abuse, drug abuse, domestic violence, or proving income).  Not all custody cases require having a lawyer, but you may find it helpful to sit down for an initial consultation to see if you need one.  Please look up a family law lawyer near you and sit down and talk to them.

Best of luck.


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