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    mirandapruitt's Avatar
    mirandapruitt Posts: 1, Reputation: 1
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    #1

    May 20, 2012, 03:51 PM
    California rights for non biological parents
    Dated a woman while she was pregnant with another mans child. This 'biological' father wanted nothing to do with her or the baby. When child was a little over one, this woman and I married. Two months after we married she cheated and left me for the 'biological' dad. She wrote up and signed a notarized letter stating that I would have our son four days a week, and she would have him three days.
    We have since been divorced and have shared custody of him. She has made it hard for us to visit him and is neglectful towards him. My son is a little over two now and she has moved in with her the 'biological' father.
    I am afraid, because she has become harder to deal with and saying things that imply she will take him away from me.
    I do not have income, unemployment is harsh. I love him, he is my world. And he hates to leave us when he has to go. Literally throws a huge fit, and every time he comes from her house, he has with sunburns, digestive problems, and is sick. Not to mention he is always in need of a diaper/wash.
    I am afraid I do not have legal rights. I have to fight for him, because he is my boy and has been for the last 2+ years.
    This woman is selfish and vindictive. Her mother has our boy the majority of her three days.
    She has been messing with our days for the last few months, and she never meets us. We have to go all the way out to her, which is okay because we like to check his environment.
    Now she is avoiding our calls and its been a week since we have seen him.
    What can/should I do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 20, 2012, 04:05 PM
    Your probably don't have any rights. Since you married more than a year after the child was orn, you are not likely the legal father. If the bio dad sign an acknowledgement of paternity then you are probably totally out of the picture.

    You NEED to consult an attorney to see if you have any rights. But I think you will find you have none.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 20, 2012, 05:20 PM
    Quote Originally Posted by ScottGem View Post
    Your probably don't have any rights. Since you married more than a year after the child was orn, you are not likely the legal father. If the bio dad sign an acknowledgement of paternity then you are probably totally out of the picture.

    You NEED to consult an attorney to see if you have any rights. But I think you will find you have none.
    Except OP said "We have since been divorced and have shared custody of him." That suggests to me that, for whatever reason, the divorce court did give him shared custody. If so, he could ask her to be held in comtempt for depriving him of his custodial time.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 20, 2012, 05:24 PM
    I believe the OP did a poor choice of words, she said that the mother wrote up and they have a notarized piece of paper ( which has no value since it is not though the court)

    Unless they went to court and in the divorce he got legal custody and legal visitation, there is nothing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 20, 2012, 05:24 PM
    Quote Originally Posted by AK lawyer View Post
    Except OP said "We have since been divorced and have shared custody of him." That suggests to me that, for whatever reason, the divorce court did give him shared custody. If so, he could ask her to be held in comtempt for depriving him of his custodial time.
    Good point

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