San Diego 6 news reported of an alleged kidnapping of a baby resulting in an Amber Alert and an ending that was safe for the child. The baby is identified as 9 month old Elijah. There is no report that the father who took the child was ever married to the mother of Elijah. There is no dispute that the man, Edgar, is in fact the father of the child. The parents live approximately 65 miles apart from each other. Reportedly, Edgar was visiting with the nine month old child, at the mother's home, when he decided to physically take the child, driving off in his car. The mother called the authorities. A state wide Amber Report went out. The father and baby were found safe at the father's home and the child was returned to the mother.
As a San Diego Certified Family Law Specialist attorney, I am very experienced in child custody cases; child custody move away or relocation cases; applications for child custody by Fathers; defenses against such applications by Mothers; child theft cases; paternity cases with child custody issues; parenting schedule development that is age appropriate for a baby, or a child, and cases involving child custody with preferences as stated by child. There are many nuances in these cases. The primary focus under California law is the "best interest of the child"; however there is no child custody case that can be oversimplified and the various factors to the case must be considered.
The ending of this story, involving nine month old Elijah, was happy. The baby was unharmed. Possibly the father, Edgar, was well intentioned and simply wanted to be with his child. However, many of these stories do not have a happy ending. Children are frequently harmed by a distressed and irrational parent. Here, the state spent a significant amount of money searching for, and executing a State wide Amber Alert for, baby Elijah. How will this visitation method of Edgar affect his parenting rights in the future? Possibly, Edgar was persuaded by "father's rights" activists that he had a right to remove the child. In reality, his actions were naïve, and may have harmed his potential rights.
Do unmarried fathers have fewer rights than married fathers? On a technical level—no. However on a procedural level—yes. So, what should Edgar have done? First, Edgar should have seen a family law lawyer, or a Certified Family Law Specialist lawyer who handles child custody cases. Even if Edgar is financially challenged, he could have found a low cost or free consultation. Further, he could have researched proper child custody procedures online. He should have filed a paternity case where he was clearly found or acknowledged to be the father of the child. Simultaneously, he should have filed a child custody motion, acknowledging his child support obligation, and proposing a parenting schedule that is appropriate for the developmental needs of the child and specifically in the best interest of this child.
Edgar should have considered these things. He may now face a supervised visitation order. A father does not want to create an impression that he is more concerned about his “rights” than the needs of the child. The San Diego divorce attorneys at the Law Office of Thomas M. Huguenor handle child custody and divorce cases.
