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legal documentation regarding sole guardianship (Family Law)

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• Fri, 19 Jan 2001 02:48:00 GMT(1)
• THANKS A BUNCH! But can I get the paper work from the court system with out the father knowing! You see he is currently in prison. And he never signed a voluntary declaration of paturnity. We did have a blood test taken ordered my the county of fresno, because they thought I was receiving wellfare which I wasnt. So the judge just closed the case stating that untill I ask for child support they wont persue it. I tried to get the paperwork from the court hearing but I coulndt because it was the county against my sons father. I dont know that he will try anything but so far he hasnt been involved in my sons life at all. I am just trying to take care of it just in case. But is there a way of doing it without him knowing. And thanks again!
• Fri, 19 Jan 2001 05:19:00 GMT(2)

• Quote:

  Originally posted by leesapie
  THANKS A BUNCH! But can I get the paper work from the court system with out the father knowing! You see he is currently in prison. And he never signed a voluntary declaration of paturnity. We did have a blood test taken ordered my the county of fresno, because they thought I was receiving wellfare which I wasnt. So the judge just closed the case stating that untill I ask for child support they wont persue it. I tried to get the paperwork from the court hearing but I coulndt because it was the county against my sons father. I dont know that he will try anything but so far he hasnt been involved in my sons life at all. I am just trying to take care of it just in case. But is there a way of doing it without him knowing. And thanks again!

  My response:
  No, the father must be given "Notice" of such proceedings. However, I wouldn't worry about it. If he's a felon, there's no way he'll ever get custody anyway. And, depending upon his crimes, he'll be lucky to get supervised visitation for anything longer than 2 hours per week.
  So, start your Petition for support and limited, supervised, visitation - - and, of course, sole custody.
  IAAL
• Fri, 19 Jan 2001 02:20:00 GMT(3)

• Quote:

  Originally posted by leesapie
  I have legal custody of my son, but I dont have any documentation stating that. What kind of documentation do I need? In case the non custodial parent where to take my son without my permission, and I wanted the police to go and get my son. Would the documents from the court records stating the judge gave me sole guardianship be enough? I live in California if that makes a difference.

  My response:
  Unless you have orders signed by a judge that say you have a form of custody, then you don't have "legal custody" - - rather, you merely are the current custodial parent, merely by having the child physically with you.
  You are correct in your fears that if the other parent were to take your child, there would be nothing you or the police could do. Police follow court orders. Without those magical papers, your child could become one of those children depicted on a milk carton. It could happen anyway; kidnappings does occur. However, you'd have the force of law and law enforcement on your side.
  In summary, a court order in your favor can get you assistance in the event your child is abducted by the other parent - - depending on the form of custody you're able to obtain. Without court orders, either parent has just as much entitlement and right as the other.
  And yes, telling us your State name does help. You see, my law practice is in Southern California. So, at least in this case, knowing your State name was very helpful - - to you.
  IAAL
  [Edited by I AM ALWAYS LIABLE on 01-19-2001 at 05:16 AM]
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