I've personally been there done that and have the T Shirt. Let her stay, as long as he's a good parent. You'll get her back one day. CA Family Law Code 3042. (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody. More info at http://www.steveshorr.com/MATTERS_CONSIDERED_IN_GRANTING_CUSTODY.htm
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
There is a difference between physical and legal custody. The court can award joint legal custody to the parents and determine that one parent will have physical custody. It can also award joint physical and legal custody with the child sharing her time equally at the homes of the parents. Joint legal custody custody is usually reserved for parents who get along and are willing to raise their child on a solid foundation of cooperation. Couples who do not get along are not good candidates for joint legal custody and that factor will be considered in the decision by the judge. The father can petition for a modification of the custody order but he will need to provide evidence that the modification is warranted, usually by showing there has been a change in the circumstances that caused the judge to award sole custody to the mother. In order to convince the court to take physical custody from the mother, the father would need to provide evidence that the change would be in the best interest of the child based on the unfitness of the mother as a parent. See the related question link for factors the court may consider if asked to declare a parent unfit. He should consult with an attorney who can review the situation and explain both his options under state laws and his chances of success in the particular court. An attorney could present the father's petition in the best possible manner.
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You need to consult with an attorney who can review your situation and explain your options.
I think it depends on where you were married. You should consult a lawyer to find out exactly what you should do, especially if you have a daughter, there will be custody and child support involved.
You need to prove to the court that the person who presently has custody is unfit. You need to consult with an attorney who specializes in custody issues who can review your situation and explain your options. The attorney can advise you of the difficulty of your case.
Consult with a good attorney who can review your situation and explain your options.
Once you are pregnant your options are as follows:have the baby and become a full time parenthave the baby and give full custody to the fatherhave the baby and share custody and responsibility with the father
Generally, no. However, a step-parent can obtain custody under limited extraordinary circumstances. The party should consult with an attorney who specializes in custody issues who can review the situation and explain the options, if any.
Child is residing with maternal father and grandparents (father's side) in Shelby County. Mother's address unknown, but in Shelby County. What are father's options for temporary custody?
Yes, you can under certain circumstances. You should make an appointment with an attorney who specializes in custody issues who can review your particular situation and explain your options. You need expert legal representation in that type of action.
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