ANNA FALACTIC
Originally Posted by rmet4nzkx
As her parent, you are responsible for your daughter until she is 18 or emancipated. Having a child does not emancipate her. She, as an unmarried mother, is in turn responsible for her child and has sole custody of the child unless and until there is a custody determination made by the family law division of the California Superior Court. This is different than paternity which may be established by acknowledgement of paternity usually filled out at the hospital, these are two separate processes.
You need to answer some questions in order to advise you as to what your daughter can do.
Did the parents sign an acknowledgement of paternity or is his name on the Birth Certificate?
If you answer YES to either or both of these questions and the parents have not been to court to determine custody/childsupport/visitation, or there is no AOP on file and no court orders at all, then mom needs to make a police report to report the child abducted by the putative father/father but there are no other orders, also contact the DA office and ask for the child abduction unit, have daughter contact the Family Law Facilitator office or go down to the court house and immediatly file to establish paternity etc and fee waivers if needed, she may also contact legal aid for assiatance.
If there is domestic violence which may include threats or child abduction, a DV restraining order may also be issued and can be filed when at the FLF office. Please look up your county Superior court website.
Please show me the law concerning - -
"She, as an unmarried mother, is in turn responsible for her child and has sole custody of the child unless and until there is a custody determination made by the family law division of the California Superior Court."
I didn't get the opportunity to cite the appropriate California Family law code because the thread was closed.
Apparently, you didn't read. This is the law in California - -
"A parent entitled to custody (i.e., not divested of physical custody rights by court order) cannot commit the crime of kidnapping by taking exclusive possession of his or her own child". [Wilborn v. Super.Ct. (1959) 51 Cal.2d 828, 830, 337 P.2d 65, 66]
No, that is not the current caselaw and you know it.
ANNA FALACTIC
brisgirl825 said:
So you are saying that in CA, a man can take a woman's child b/c he had sex with her?
No, I'm saying, and the law is saying, that a PARENT can take their own child, man or woman. California does not have a law that says that a woman is the "default" custodian of a child. That little fact is up to a court of law.
In this case we don't know if this child has a father, we do know this child has a mother and since the parents are unmarried mom had custody until the court enters a custody order, additionally there is the issue of DV.
CA CODES
FAMILY.CODE
SEC 3020-3032
&
SECTION 3040-3048
3040. (a) Custody should be granted in the following order of
preference according to the best interest of the child as provided in
Sections 3011 and 3020:
(1) To both parents jointly pursuant to Chapter 4 (commencing with
Section 3080) or to either parent. In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Section 3011 and 3020, and shall not prefer a parent as custodian
because of that parent's sex. The court, in its discretion, may
require the parents to submit to the court a plan for the
implementation of the custody order.
(2) If to neither parent, to the person or persons in whose home
the child has been living in a wholesome and stable environment.
(3) To any other person or persons deemed by the court to be
suitable and able to provide adequate and proper care and guidance
for the child.
(b) This section establishes neither a preference nor a
presumption for or against joint legal custody, joint physical
custody, or sole custody, but allows the court and the family the
widest discretion to choose a parenting plan that is in the best
interest of the child......
SECTION 3080-3089
SECTION 7570-7577 does not automatically convey custody to the "father" by the establishment of paternity, it sets a stage for custody and other orders.
7573. Except as provided in Sections 7575, 7576, and 7577, a
completed voluntary declaration of paternity, as described in Section
7574, that has been filed with the Department of Child Support
Services shall establish the paternity of a child and shall have the
same force and effect as a judgment for paternity issued by a court
of competent jurisdiction. The voluntary declaration of paternity
shall be recognized as a basis for the establishment of an order for
child custody, visitation, or child support.
and since mom is still a minor:
7577. (a) Notwithstanding Section 7573, a voluntary declaration of
paternity that is signed by a minor parent or minor parents shall not
establish paternity until 60 days after both parents have reached
the age of 18 years or are emancipated, whichever first occurs.
(b) A parent who signs a voluntary declaration of paternity when
he or she is a minor may rescind the voluntary declaration of
paternity at any time up to 60 days after the parent reaches the age
of 18 or becomes emancipated whichever first occurs.
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I'm going to get coffee.
), I think I understand better.