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Attorney & Mediator
Attorney & Mediator, Lawyer
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Mother left child with father years ago but comes in/out of ...

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Mother left child with father years ago but comes in/out of life when convenient for her. no legal documents have ever been filed but it''s time to protect myself and my daughter from the mother who walked out. what is the procedure?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
You would have to initiate a petition for child custody in Hawaii, if that is the state where the child is currently living with you. You need to file the petition for child custody and state the facts for why you should be given custody over the other parent. Essentially you state the reasons as you did here: that you have been the primary caretaker of the child, that the child's best interests are being met while in your care and mother's lack of contact. Mother will have to be served notice of the custody petition and be given an opportunity to be heard.

In general the custody packets can be obtained in the court where custody issues are handled (family or domestic relations court). Some courts do not have these forms, so you need to contact the court clerk in your area for the forms. If they don't have them you will need a family law attorney to draft these in order to get started.




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Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

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Customer: replied 8 years ago.
Reply to LawNinvest's Post: Child was born in Chicago Il and resides with me in Los Angeles California. Mother recently showed up asking for childs passport, wants to take her to canada?!? I do not want her taken anywhere by this person who child barely knows. We do not trust this woman and want her stopped. She does not pay any support and we do not want her to. We do not want a parenting plan with visitation orders. We want full legal custody of the child. pls advise.
Expert:  Attorney & Mediator replied 8 years ago.
1) If you live with the child in California, then that is where you need to file for child custody.

2) Although I seriously doubt this, the mother herself can ask the judge to order a child support order for her to pay. So even if you do not wish for her to pay child support, the court does have the discretion to order support.

3) Only way to cut off a parent completely is for the parent to have her parental rights terminated. She can voluntarily agree to this or you will need an attorney to petition the court to terminate her parental rights. In general parental rights are not terminated unless there is a stepparent adoption process underway or there is evidence of clear disinterest, failure to maintain contact with the child. In general few attempts to contact the child maybe enough for the judge to state that she has made attempts at having contact. This is why if you decide to terminate her parental rights you would need a lawyer to represent you.

4) As to custody, in California it is presumed that joint custody is best for the child unless it is clear that the other parent is a detriment to the child's best interests. What is a detriment depends on whether the mother is unfit to parent the child. Based on the facts you have provided, since you have been the primary caretaker you would be able to get custody of your child, the mother can be entitled to visitation unless you show that she is a risk in taking off with the child, if that is the case, she can be ordered supervised visitation with you or a relative. But if she has had few visits with the child, the court can order visitation unless you are successful in terminating her rights.

Below are the statutes for California on how custody is addressed for your review:

PART 2. RIGHT TO CUSTODY OF MINOR CHILD
CHAPTER 1. GENERAL PROVISIONS ................................. 3020-3032
CHAPTER 2. MATTERS TO BE CONSIDERED IN GRANTING CUSTODY ....... 3040-3048
CHAPTER 3. TEMPORARY CUSTODY ORDER DURING PENDENCY OF
PROCEEDING ......................................... 3060-3064
CHAPTER 4. JOINT CUSTODY ...................................... 3080-3089
CHAPTER 5. VISITATION RIGHTS .................................. 3100-3105



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.



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