“How do I get full custody in California?” If you’re stressed about this question, then sit back and read this article.
You have a California divorce and you are concerned about your kids. You are asking, “how do I get full custody in California of my child?” and you want answers. We are here to help.
First, we have to make sure we know what “full custody in California” really means so you are clear.
Full custody is the term that parents sometimes use when referring to the legal term of sole custody. Sole custody comes in two forms – Sole legal custody and sole physical custody. There is a significant difference between the two and in this article we will discuss how parents can and should obtain it.
If you are a real visual person and want to see a cool graphic we created regarding some of the more common ways you can get full custody in California of your children, visit this PDF page entitled Sole Custody in California of Children MindMap.
To contact us, please fill out the form at the end of this article or call us at any one of our three Orange County offices. To reach us at our central office in Santa Ana, call us at (714) 937-1193.
A parent requesting full custody in California must be prepared to submit persuasive evidence to the family court
The court needs a compelling reason consistent with the children’s best interest to order full custody to one parent. We have a written a comprehensive guide on California child custody laws which discuss California’s public policy of favoring frequent and regular contact with both parents and generally favoring joint custody.
A parent who seeks full custody in California needs to be aware of this because walking into the case blind and with the thought that persuasive evidence (more than just your word against that of the other parent) justifying a sole custody order won’t be necessary will likely cause that parent to lose the court case.
A parent opposing a full custody request must not take the request lightly
Similarly, a parent who is facing a full custody order against him or her must be aware that he or she cannot just walk in the court and assume everything will work out. Although a request for full custody is not something that a court should ever take lightly, a defending parent must be vigilant in his opposition and be prepared to set forth to the court why the requesting parent does not meet his or her burden of proof that is required by California law.
In addition, a parent opposing a request for full custody should consider whether he or she should make a counter request for full custody if the request for custody by the other parent is made in bad faith. This includes but is not limited to situations where the other parent has engaged in misconduct such as false allegations of abuse, parental alienation, improper influencing of the children or interference with joint custody rights and is using any of that as a basis for the modification.
What is the evidence the court will need to rule on a full custody request?
1. Will a finding of domestic violence support a request for full custody in California?
The short answer is yes unless the other parent can persuade the court that the presumption of Family Code 3044 should not be applied. Family Code 3044 in subsection (a) states:
Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child’s siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011. This presumption may only be rebutted by a preponderance of the evidence.
Section 3044 then goes on to state how you rebut the presumption.
Practically and pragmatically, that means that a judge should favor a sole legal and sole physical custody request when one parent has been found to have committed domestic violence.
That however is not a conclusive presumption but rather a rebuttable one which means that the parent facing such a request can produce evidence to avoid a sole legal and sole physical custody order.
2. What impact will drug or alcohol abuse have on a full custody request?
The court can take substance abuse into consideration when evaluating a request for full custody by one parent. This includes drug or alcohol use and abuse of prescription medication, the latter of which is becoming an epidemic in America.
Parents often make the mistake of thinking that a simple allegation or even proof that the other parent has used drugs or alcohol is, by itself, enough to support a sole legal and physical custody request. California law generally requires more than just the bare allegation that one parent uses drugs. For example, to get an order for an alcohol or drug test, a parent must show habitual, frequent or continual illegal use of alcohol or drugs.
That is because the focus is on the children’s best interest and unless alcohol or drug use has reached that point of compromising the children’s best interest, family law judges may hesitant to make a sole legal and sole physical custody order.
That is very different than making orders other than full custody. Certainly, parenting time may be limited and other orders can be made to protect the children, short of an order for sole legal and sole physical custody.
A parent concerned about substance abuse should be vigilant in retaining a good family law lawyer.
A parent faced with another parent who uses illegal drugs or abuses prescription medication or alcohol should be vigilant in his or her retention of an experienced family law attorney to evaluate the facts and determine what requests should be made to the court and whether or not sole legal and physical custody orders or something different is best. Since every factual situation is going to be unique, no article will evaluate your specific situation.
What about a parent who is facing allegations of substance abuse in a child custody case?
Similarly, a parent facing a full custody (or any) request against him or her must be prepared to submit evidence that he or she does not abuse alcohol or use illicit drugs.
If the parent used to have a drug or alcohol problem, evidence that he or she has participated in treatment as well as alcohol or narcotics anonymous and has taken other steps to curb or eliminate his or her addiction will generally go a long way with a family law judge in the divorce and custody case.
Sincerity and honesty is a big factor in addiction and one mistake parents make is to try to hide the alcohol and drug use thinking that it will not be found out. Doing so generally makes a bad problem worse when the addiction gets to a point where the evidence of it is clear and there is now also a history that the parent lied to the court about that addiction.
Anytime the parent gets caught lying to the court under oath about something serious, which an addiction and substance abuse is, that fact may not bode well for the parent in future hearings.
What about the issue of child abuse and full custody requests?
Child abuse also qualifies as a justifiable reason seek a full custody request in California. The nature and extent of the abuse, as well as its proximity to the filing, are all important factors.
Parents who wait and do nothing regarding abuse for many months or a year or more may face an uphill battle when trying to persuade the court that the past abuse is good cause for current full custody orders.
Time is of the essence with child abuse allegations
A family law judge has to be a realist.
It may be difficult to persuade a judge that something is an emergency or a child needs immediate protection if you have done little to nothing to protect the child from the very abuse about which you’re complaining.
In addition, delaying the reporting of the abuse and seeking a full custody request much later will put your own credibility at issue if the abuse is not documented (photos, etc.) or there is no evidence of its reporting (law enforcement, child protective services, medical providers) and it becomes a he said and she said scenario, especially when the child is too young to testify and corroborate the abuse.
On the other hand, if the abuse is recent or it has a lengthy history which is likely to be repeated, parents stand a very good chance of obtaining full custody of the children in order to protect the children from further abuse.
In such situations, family law courts, especially in Orange County, may appoint a child custody investigation (called a CCI) or private child custody evaluation of some type to determine the history of the abuse as well as obtain facts and recommendations from court-appointed expert witnesses or social services.
What about false allegations of abuse or domestic violence? Can that be used to request full custody?
This is a difficult topic because courts do take false allegations of abuse seriously, as they must pursuant to California law, but, in our opinion, do not take it seriously enough.
False allegations of abuse is one of the worst things that a parent or spouse can do to the other parent and children. The more serious the false allegation, the more likely that a parent will need to take immediate action.
When dealing with knowingly false allegations of sexual abuse, California law states in Family Code 3027.5(b):
The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that he or she knew was false at the time it was made. Any limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or any statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child, and the court has considered the state’s policy of assuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020.
Those who are victimized by false allegations of abuse must take the case as seriously as those victimized by actual abuse itself. It is the only way to protect the children’s best interest and avoid further damage to their emotions and psychology.
What if a parent has abandoned the children and spent little to no time with them? Is that grounds for full custody in California?
Abandonment is a serious allegation and there does need to be evidence in support of it. However, if it can be shown, courts can make full custody orders against the parent who abandoned children.
We most often see this in one of two situations.
Scenario One
First, a situation where there has not been any custody order and one parent has been the sole caretaker of the children. The other parent has provided little to no financial support and little to no time has been invested with the children since separation.
In such a scenario, when it has gone on long enough, the court has the discretion to order full custody to the parent who has been the caretaker. That is because there has been no bonding between the abandoning parent and the children and it clearly would not be in the children’s best interest to completely turn the status quo upside down and destroy what they have become accustomed to simply because the abandoning parent now suddenly wants to get back into the children’s lives.
Does that mean the parent who abandoned the children is forever barred from re-entering the children’s lives? Of course not. However, in such situations, the court will want to see actual effort (and the result of that effort) by the abandoning parent and genuine and proactive work into restoring the relationship with the children and increasing the parental bond.
This is done by starting off with visitation that is not overnight and will allow the children to adjust slowly and steadily to the increased parenting time as he or she demonstrates to the court that he or she is now serious about spending time with the children.
Scenario Two
The second scenario happens when there is actually a court order in place but the abandoning parent does not follow it. The result should be the same but, because there is a court order, it is not uncommon for the abandoning parent to use it as a means of harassment of the other parent and threaten the other parent with contempt proceedings or other court intervention if the parent who has been caring for the children does not capitulate to the abandoning parent’s whims, whenever he or she decides that he or she wants to see the children.
The parent who has cared for the kids full-time is placed into a difficult situation. On the one hand, no right-thinking parent wants to violate a court order. On the other hand, that parent knows that it is not in the children’s best interest to be shuttled back-and-forth unpredictability like this just because of the other parent’s lack of stability and abandonment.
The best course of action is to seek an immediate court order for a child custody and visitation modification. Otherwise, the full-time parent will continue to be under constant harassment, intimidation and threats. Once the court orders are modified, those things do not become an issue anymore because the abandoning parent has lost all of his or her leverage for his or her misconduct.
Are these all of the ways that a parent can seek full custody in California?
Of course not. No article can cover every scenario but the above are common. Contact our law firm’s family law attorneys if you have any questions.
Sandy says
I want Sole custody of my children. Meaning I do not want the father of my kids to have any contact with them until they are old enough to contact him themselves. I was just contact by his sisters, that he is being accused or they have proof that he is going to be taken in by the police for statutory rape. The girl’s family has press charges against him, and i do not want my children to be or have any communication with him. What evidence do i need to gain sole custody of my children. I started receiving child support from the court system in the beginning of this year, but it has stopped. but i have not had any communication regards of the kids since i started gaining the child support. He contacted me upset because he did not want to pay. but before then i have not heard from him since 2010 since we’ve split up.
B. Robert Farzad says
We don’t give legal advice in comments. If your case is in Orange County or LA and you want an objective evaluation done of it, contact us and we can give you a quote for our services.
Giselle says
If I’ve recently talked to father of my child and place a restraining order & get full sole custody of my child who has not been born yet does me talking to him make any affects ??
B. Robert Farzad says
We don’t give legal advice in a comment section of an article. If you need legal advice, please have a private consultation with an attorney.
Liz says
How can a father fight for full custody of a juvenil who has live with him for the past 12 years. Suddenly the mother appears and takes her against her will. She is 16 years old and does not want to live with her mother. Can you help us, please.
B. Robert Farzad says
Have the father call me at the office please. I assume the matter is here in Orange County, CA.
Jessica says
If the father of my child is violent how do I go about getting sole custody of my child
B. Robert Farzad says
In California, you have a lot of options available to you. You should consult with an attorney to determine which is best including a domestic violence restraining order action, a child custody request for order and other options. We don’t give legal advice in a comment to an article.
Gloria says
My daughter has sole and physical custody of her children. Can her husband adopt these children without the father’s consent?
B. Robert Farzad says
We don’t handle adoption matters Gloria. Please speak with an adoption attorney about your question.
roxana says
Can i get full custody of my daughter if her father is always drunk and taking xanes always pulling her out my arms. Pluse hes involved in gangs and always trys taking her from me. I want my daughter safe and he just wount leave us alone
B. Robert Farzad says
Roxana, in California, the child’s best interest is at the heart of any child custody order. Substance abuse, endangering a child’s health or safety are all concerns to the court and a consideration when the judge decides what to order. However, we cannot give you legal advice about your specific case in a comment to an article. If your matter is in Orange County, you may contact us for an affordable strategy session.
UPDATE: In February of 2017, our family law firm is again considering taking on matters in certain California counties other than Orange County. We are selective about any family law matter we take on and that decision is made on a case by case basis.
christine says
Im seeking full custody of my son…his father has not seen him in months. He has sence moved got married and completely abandoned his righta as a father he does not help financially or has tryed to contact him….hes also here illegally so i have no way off getting a hold him
Irene says
Hello i wanted to get aole custody of my daughter .her father doesnt help financially and isnt no help . I dont trust leaving her with him .he smokes mariujana constantly and has a anger problem
kyle says
I need advice, I want to get full custody of my daughter. She’s living with me cause I don’t see her mom fit to take care or her. We tried to split days to have her but she just takes off for days without so much as a hey how my daughter.. then comes back like everything’s Ok. Then it starts all over again like a never ending cycle.
B. Robert Farzad says
We can help with this, Kyle. If you reside in Orange County or LA, call us. We offer an affordable initial strategy session to discuss options, budget and answer your questions.
Justin says
Many years ago I shot a man who threatened to kill my wife & new born baby & then attacked me with a butcher knife.
Because I live in California I was convicted of attempted voluntary manslaughter & sent to prison for 8 years.
Domestic violence, drugs, sex offenses were not a factor in my offense, I just shot a guy high on crack in what I determined to be self-defense.
Based on having one sole violent felony conviction on my record is there any reason why I could not get either guardianship or custody of my soon to be 14 year old son.
B. Robert Farzad says
Justin, custody and visitation orders in California are based on the child’s best interest. That depends on the facts of your case and whether or not your conviction is a factor (and, if so, how much of a factor) is not something we can answer here. You should retain an attorney to give you legal advice after he or she learns your specific situation, past and present and advises you on your son’s best interest. Good luck.
Larry says
My wife is the relative caregiver for our 6 yr old granddaughter. 18 months ago California child court appointed child services custodian of granddaughter (“G”), and they designated my wife (“grandmother”) as relative caregiver. 4 months ago G’s mother passed away. G’s father (my stepson and G’s father) has visitation rights with G which he exercises regularly. Nevertheless we (entire family) feel he is not able to provide G with safe and responsible parenting and want to know what the legal grounds are that we must argue to prevent G from being returned to his custody before he’s proven his ability to responsibly raise her. Thank you, LK
B. Robert Farzad says
Larry, thank you for commenting. You haven’t provided enough facts for me to evaluate your situation and answer your question. We also don’t give advice in this type of forum. We are available for a consultation if you are interested. We charge a reasonable fee for it. If the case is in Orange County, you can contact us at our office number or use our contact us form.
Nelly says
I am seeking full custody of my son. We currently have joint custody. Father moved to Maryland about two years ago. Father came back in September 2014 and not once has asked if he can see our child. He is not here physically for our child. He does not give child support even if it is court ordered. Our son doesn’t ask for father at all. Also, I have been asking the father to go with me to apply for a passport for our son. And he always says he doesn’t have time. I was able to get a public notary that goes to your home to get signatures. When she got there, the father said that he wouldn’t sign and just walked away. I don’t know what to do. I have mediation this month and court next month. I am looking for an affordable lawyer to help me. Please advise.
B. Robert Farzad says
Hello Nelly. Please read our FAQ page to learn more about our initial strategy sessions and how we quote fees. When you are ready, call us.
Nelley says
I need advice please. The father of my child agrees to give me full custody of my son and no child support. What kind of papers or orders do I need to get full custody? and do we have to go to court for this?
B. Robert Farzad says
Nelley, we are happy to help you if your matter is in Orange County, CA. We are not taking on cases outside of our county. You can contact us to set up a paid consultation.
D L says
My husband and I want sole custody of his daughter (my stepdaughter). Her mother is very uninvolved with her medical care, her development, and we are pretty convinced she doesn’t utilize her parenting time. In her mother’s house we got a police call history list and in the last year there were 10 calls to the cops for 2 domestic violence calls and 1 rape, along with other calls of disturbing the peace and malicious mischief. The child also got bit by a pit bull and her mom has parties at that house where we have a police report stating there was alcohol within reach of the child. Do you think we will get custody with this evidence. We are worried that because my husbands not the mom they won’t give him a fair shake in court?
B. Robert Farzad says
Gender is not a factor in child custody cases. It doesn’t matter whether a mother or father seeks custody. What matters is the child’s best interest. Regarding your husband’s case, he should have a private consultation with an experienced family law attorney and go over the specific facts with that attorney. If his matter is in Orange County, please have him call us at 714.937.1193 and we can perform a conflict check to make sure there is no conflict of interest and then we can set up a strategy session with one of our attorneys. The facts you presented do seem compelling but this is not the place for legal advice.
Lovely says
My husband and I want to seek full custody of his daughter (my step daughter), but the mother has physical custody and both have joint legal custody it has been a year already my husband has 50/50 share time with his daughter like the mother. The mother of my stepdaughter does not do homework with her and it is already the 9 week of school and she only has her packet done with Mondays and Tuesdays done when she is in our care, my step daughter is really behind in her class she is in kindergarten, we have addressed the mother once when it happened the first time she did not do homework with her she got offended and said “it happens” it cannot happen 9 weeks going to 10 weeks in school. We have prove she doesn’t put my step daughter in a booster seat and she says her mom hits her when she does her sight words with her which thats the only thing she does with her. A child cannot learn if the mother doesn’t help how can we seek sole custody of my 5 year old step daughter.
Samantha says
Hello, CFS gave my kids father their full custody. I have been raising them and he just use to visit, now I have to put up with the lies he said about me. He said I stalked him at his home. That made the worker give him full custody. I love my kids and I want their custody back. She gave my auntie my new daughters custody, I have court January. What can I do to get my children back in my care? I have done all the requirements the worker still does not acknowledge my hard work. Thank you, I appreciate it.
B. Robert Farzad says
Hi Samantha. You should consult with an attorney to go over your specific situation. The attorney will want to know what specific allegations were made against you, what defenses you have to it and evidence in support and can then advise you on the best course of action. You didn’t state whether your court date in January is in dependency court or family court, as those are two different courts. Please make sure the lawyer you hire actually handles cases in the court your matter is in, not just the county in California but the type of court (dependency versus family). Our law firm does not handle dependency court matters.
fredy says
How can i go about getting full custody of my kids if their mother has bipolar and has mood swings when the kids gets antsy or upset and cry, and she won’t go to the doctors to get help.
B. Robert Farzad says
Fredy, it depends whether there are currently any orders in effect or not. If there are currently no orders, then you have to open a child custody case and how you do that depends on whether you and the mother are married or not. If there already is a child custody order in effect and you want to modify it, you file a request for order for modification and give the basis for it. We strongly suggest you hire an experienced family law attorney to help you with this.
cesar says
I have a child with autism and his mother left to Mexico and made him miss his therapy, we never got married. But I want sole custody, she’s 24 and has no way of providing for him nor transportation to get him to his therapy. I’m an electrician and work for a union I call work off to get him to the doctors what can I do?
B. Robert Farzad says
Cesar, if you want court orders, you need to seek them. Time seems of the essence. We cannot give you legal advice here. You need a private consultation with an attorney, go over the specific facts and then start a paternity and child custody action. You didn’t state what county in California you live. I am unclear whether the mother has moved to Mexico with the child or has just visited and returned to California. The attorney with whom you consult can also advise you of the significance of that and what urgency it may cause. Please don’t procrastinate.
Ramtin says
I’m Iranian and my ex is Black American and she cut of all contact to my child because I didn’t want to be with her any more now that I am married she don’t let me see my child anymore. She lives in L.A and I live in Texas
Angela says
I have been married for four years and recently had a baby with my husband. He has always been so rude and disrespectful towards me and verbally abuse my so much and cause a lot of stress for me. I don’t want my baby to grow up hearing his dad abusing his mom constantly and I wish to separate from him. Any advice you can give.
B. Robert Farzad says
Angela, whether or not you separate from your husband is a personal choice. If you are looking for legal advice on filing for divorce and issues such as child custody, please have a private consultation with an attorney.
David says
When my child was 2 years old me the father agreed with her mother to give her full custody (with me having her every weekend), because I myself thought it would be in the best interest of my child, now I’m seeing child negligence on her (mother) part .i.e child’s teeth are rotting, no doctor visits, no dentist visits, raggedy clothing, mother drinks and smokes regularly etc. My question is: can i ask the courts for full custody of my child even though I agreed to give the mother full custody years ago?
B. Robert Farzad says
David, California law permits a child custody modification under various circumstances. Have a proper, private consultation with a family law attorney and he or she can advise you on the process for you to seek a modification of the child custody order. I assume you are the “Father” in your comment. You didn’t state what county in California your case is pending.
Sara says
my friend wants to get full custody of her son, but doesn’t have a job yet. Can she get child support from him.
B. Robert Farzad says
Hi Sara. Thanks for commenting. What does seeking custody have to do with her job? And child support is based, in part, on income of each parent. We have written a guide on child support that you may want to check out but if your friend needs legal advice, he should have a private consultation with an attorney. He won’t find answers about his specific situation on the internet.
Wendy says
My ex husband and I divorced in 2012. He sees our son every day, and is barely involved in his life. My ex suffers from bipolar and always lays on the couch (though he is employed). He provides hardly any financial assistance. He also uses drugs, near where my son is. I’ve threatened him with filing for sole legal and physical, which he is adamant about fighting me on. Im tired and ready to move on with this. I want what’s best for my son and I know that having his dad near by is not the best for him, as my child is very parentified when it comes to his dad. Please help me!
B. Robert Farzad says
Wendy, where in California do you and your husband live? You should consult with an experienced family law attorney in your county. That is step one.
Brandy says
I want to apply for sole custody of my children. They have lived with there father for the last 5 years. We had a verbal agreement on custody. In the last 5 years he has had my address however he filled for aid, and custody of my children without my knowledge. I was never served anything except child support papers last year. One of my children is disabled and his needs are not being met. I want to file for custody because I dont have any rights to the children, there schooling, or dr. What is the next step to take and is it illegal to obtain custody without notifying the respondent parent?
B. Robert Farzad says
Brandy, please direct your questions to a family law attorney in a private consultation. He or she will need to review the current orders, the proof of service filed with the court and your current circumstances in detail and then he or she can give you advice. As we explained in the same place you left a comment, we cannot give advice in this comment section of an article.
Yesenia says
My ex and I were never married. After discovering he was cheating on me with a lawyer he disappeared. It’s been almost a year and he only saw our son who is almost a year old five times when born. He abandoned us and has never called, or asked about our son. He left without a single explanation. Can I get full custody?
B. Robert Farzad says
Yesenia, in California, child custody decisions are made based on the child’s best interest. If a parent has abandoned a child, that is a significant fact when evaluating best interest.
Aurora says
If one gets full custody of a child, can they still get child support from the other parent?
B. Robert Farzad says
Child support isn’t only based on parenting time. It’s a guideline computer formula. Certainly parenting time is one factor of several.
Ali says
Love your site; the Q&A section is quite informative. (It’s just too bad no one seems to read the part about not asking for legal advice in the comments section) I also talked to you two years ago although my case was in Northern CA you were very helpful and I appreciate it.
B. Robert Farzad says
Thank you, Ali. Appreciate the kinds words.
Mercades says
My husband and his ex r going to court for their son. She has prior drug use medication abuse child neglect and is in felony probation while he has Dv. In the report it states she hit him first how do we go about getting full custody of his son
Nancy says
My daughter’s father has been threatening me to take away my daughter since she was in my belly. Now he’s saying he is going to take me to court, but i never have once told him he is now allowed see her. The only two times i stopped letting him see our daughter was because one, he hit me and i called the cops I didn’t think she was safe. Second, was recent he was bringing his one of girlfriend’s around my kid and letting her baby sit. I don’t think he is stable to take care of her he is always drinking and always calling me bad names making me cry, he mentally always abusing me. Can I win full custody?
B. Robert Farzad says
Nancy, thank you for commenting and I am sorry to hear about the difficulties you are going through with the father of your daughter. The answers to your question should come after a private consultation with an attorney. You won’t find them on the internet because you will need an experienced family law attorney to evaluate your situation. Based on what you described, you should consider doing this very soon because, if I understand your comment correctly, you currently do not have any court orders.
Bre says
My sons father has a criminal record one being registered as a sex offender. He has never supported me financially and right now he is in prison. I want to get full custody of my son and I don’t want his father to have any communication with us. What can I do?
B. Robert Farzad says
If you want a child custody order, that starts with filing a request with the court. You should have a private consultation with an attorney who can walk you through the process. If you and the father were never married, then that is called a parentage case. Our law firm is based in Orange County so if you and your son live here, you may contact our office if you wish.
Edna says
What if my husband got deported 4 years ago what would I need to file for full custody in the county of Los Angeles?
Karen says
If a couple had a verbal agreement before marriage that specified one would get sole custody of any children in case of divorce, and then the same agreement was placed in writing 9 years later upon discovery that there was an affair going on, but now the parent is having second thoughts, is the agreement binding? Written agreement was not notarized, but signed and dated.
B. Robert Farzad says
Is this an agreement entered into in California?
steve says
Hello, I share custody with my ex. One week on one week off. My daughter is 14 and is failing in high school. The weeks she is with us she does great. The weeks she’s with her mom she does nothing. There’s no supervision. Stays up til all hours. Up to all sorts of things. her mom has a tiny studio apartment. She has no privacy and has to share a bed. Her mom only works part time, by choice and I cover 95% of all the bills, medical, dental and general stuff. Her mom refuses to communicate with me. I feel her mother is neglectful and manipulative. She threatens to kill herself if her “baby” leaves. I have 2 daughters in this marriage and they love their mom but are also afraid to leave. I don’t think it’s fair and need to know what to do. this is not about revenge. I have remarried and have another kid. I just want what is best for my daughter. I know this will be hard to prove and she knows that. How do I start?
B. Robert Farzad says
You start by sitting down in a private consultation with a lawyer, talk to him or her about the evidence you have and get an informed opinion on whether you have proper grounds for a modification request.
Ernie says
My ex wife recently made a decision to divorce her now husband and to move in with a man she’s known for two months. I feel this is harmful and dangerous to my daughter. I don’t know what this man is capable of. What do I need to do to try and take full custody of her?
Roger says
My wife ex husband is or was in jail for many felonies including domestic violence, and she doesn’t know if he’s in prison or free, and this year we tried to do our tax return and we couldn’t do it because someone used my wife’s daughter as a dependent before us, but that’s not the matter, my wife and I had a baby she’s only three months old, and we’ll probably split up, and I’m concerned about the safety of my baby. Is this a reason enough to get the full custody of my baby?
becky says
My ex and I have a court order child custody case in Stanislaus county, 7 months ago he stopped getting them on his visitation days, stopped answering their calls and has avoided having any contact with them. We’ve tried contacting him multiple times, 2 months ago was the last time I heard anything from him and he texted my mother & kids grandma saying she’s to not bring my kids to his again after her last attempt to get him to spend time with our kids. I filed a request for oder but can’t locate him to have him severed. He’s moved from his last known address and I have no idea how to contact him. I just don’t want him coming and going in and out of their life like this anymore and want to have full custody without him having visitation, this is now the second time he’s decided to walk out of their life. Isn’t this considered abandonment?
Marie says
My ex is on the run w/ several warrants for various cases of DV, drugs, etc (under influence, sales, etc. of meth.) all which happened in 2014 that he’s been fighting al. this time but recently stopped going to court on hence the warrants. The DA recently filed another DV case against him as of Jan 2017. I want full custody of our kids as he obviously is unable to maintain his own life let alone be a good influence in our kids and it’s unfair to our children to be in & out of their lives because he can’t get his life together. He and I don’t get along at all and I don’t know where he is so I obviously can’t have him served.. How do I go about getting custody? Is it better to file while he’s on the run or once he’s in jail? I’m worried about him seeing my son while he’s on the run and taking him since I won’t allow him to see him. What are my options? How can I get a restraining order if he can’t be served? How can I get custody if he can’t be served for a court date? I mean he texts me to tell me he wants to see his kids, but is me telling him he has a court date enough proof for the court?