Interstate custody/visitation?

[HappyHCMom]

Hi - I'm new here - my bf has an 11 month old and they are both wanting full custody of the child.  She moved to CA when she was pg, and didn't tell him when she was due, etc.  He had to find out from someone else, and by chance happened to pick a good time to go - and he was there when his son was born.  He requested a DNA (family financial reasons - his family is well off).  DNA came back - he's still not on the BC, no orders in place yet - they've gone through discovery and now have mediation next week, no depositions yet, trial scheduled for end of April.  She receives a good amount of child support - without orders.  He flies to CA for 1 week/month and up until a couple of months, would see him each day at her house, with her there.  The past couple of months he's asked for time alone and she refuses, her excuse being that she is still nursing (he'll be 1 in Feb).  She is nasty to him, and constantly brings up things from the past - and he just doesn't want to deal with her - he wants to spend time with his son - PERIOD.   His lawyer is OK - but I think she needs a fire lit under her ass.  Any suggestions would be greatly appreciated...  It's SO frustrating.

[tulip]

If that's the only reason that she has for not allowing him to take the child out of her presence, then she should be pretty close to it not being an issue any longer. It sounds like he is taking the right steps to be involved in his sons life, but arranging to take him out the state for visits is going to be really hard when he is so young. I'm not an expert on the law, and I don't know what state you are in, but I believe that when a child is born out of wedlock, custody automatically goes to the mother. In order for the father to take full custody of the child, he would have to prove that he is endangered in his mother's care. I hope that they can work out something fair in mediation.

[Troubledmom]

http://deltabravo.net/custody/breastfeed.php An article that should help your BF in mediation.

Assuming, since the child was born in California the court actions are in California there is information at http://www.saccourt.com/family/fcs/fcs.asp#2 although this is a specific county, the information is basically the same for all Family Court Service Mediation sessions throughout the state.

Hope that helps a bit.

TM