Filing for custody (physical & legal) for son whose father just released from DOC in Colorado, my son and I live in No. Cal.

My son's father was just released on ISP (Intensive Supervised Probation) from a correctional facility in Colorado. Though his name is on our son's birth certificate, he has NEVER been in the picture as far as being a parent or provider. He has been in jail almost since my son was born. How do I file for total custody, both legal and physical where we live in Northern California? Can his estranged father just show up and grab my son away from me legally? Will the father be notified and then know where we live when I file? How should I proceed? Thank you so much for your prompt advice. It was my understanding that the father would be in jail until 2021, however when I checked today, I was shocked to find out he had already been released. I am terrified not knowing if he'll be looking for us. Please help! Thank you!
Additional information
My son's father has never been in the picture, nor were we ever married. Shortly after my son was born, the father went to jail. A DNA test was done to establish paternity and I was awarded a minimal amount of child support that was never paid by the father before he was incarcerated. He has remained incarcerated for the past 11 years, so I was uable to collect any type of support. I never realized I had to have custody awarded to me because I am the only parent my son has ever known and the sole caretaker. No custody or visitation has ever been adjucated through any court system. The father is in Colorado, we are in California. Thank you again for your help!
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Answers (1)

Sondra Ellyn Bennaeim

Sondra Ellyn Bennaeim

Contributor Level 6
More information is needed to give you a thorough answer. Were you and the father married? If not, has parentage been established through the courts? Has there ever been any adjudicated through the legal system regarding custody or visitation?
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