Child Custody Rights Clarified

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Summary

In California, without a custody order, both parents have equal rights to their child. If one parent takes the child and refuses to return them, the other parent may have legal recourse. Establishing a formal custody order through a lawyer can prevent potential issues. Until then, its generally best to keep the child with you if you have concerns. If you visit the other parents family, you are legally allowed to leave with your child. Establishing a custody order provides clear guidelines and protection.

Full Conversation

If i visit the father of my childs family can they try and keep her?
Hello ****,
In California, unless there's a court order stating otherwise, a parent can't keep a child away from the other parent. If there's a custody order in place, violating it can have legal repercussions.
Is there a custody order in place?
no
Hello ****,
In California, without a custody order:
- Both parents have equal rights to the child.
- If one parent takes the child and refuses to return them, the other parent may have legal recourse.
- It's advisable to establish a formal custody order to prevent potential issues.
Can we do this through a lawyer instead of going to court?
Hello ****,
Yes, you can establish a formal custody order through a lawyer. The lawyer can draft an agreement which, once signed by both parents, can be submitted to a judge for approval without you needing to appear in court.
Until then should I keep the child? I want his family to see the baby I just dont want them to try and keep her away from me.
Hello ****,
Until a formal custody order is in place:
- It's generally best to keep the child with you, especially if you have concerns.
- However, it's important to also facilitate contact with the other parent's family, as long as you feel it's safe and in the best interest of the child.
If i visit and dont leave am I legally allowed to leave with my baby?
Hello ****,
Yes, in California, without a custody order, both parents have equal rights. If you visit and decide to leave, you're legally allowed to leave with your baby. However, it's advised to establish a formal custody order for clarity and protection.
If i leave her with them are they legally allowed to not give her back to me?
Hello ****, in California, without a formal custody order:
- Both parents have equal rights to the child.
- If you leave the child with them, they technically have the right to keep the child.
- However, you also have the right to take your child back. It's recommended to establish a custody order for clear guidelines.
So if i visit and I am there the whole time they aren't legally allowed to take her form me since i didn't leave her in their care without me?
Hello ****,
In California, without a formal custody order:
- You have the right to keep your child with you during a visit.
- They can't legally take your child from you without your consent.
- It's still recommended to establish a custody order for clear guidelines.
Thank you for this information.
You're welcome, ****! I'm glad I could provide you with helpful information. If you have any more questions or concerns, please don't hesitate to ask. It's always best to be informed and prepared when it comes to legal matters involving your child.