Family Law Questions? Ask a Family Lawyer Online.
thank you for that information. are you on the birth certificate as the bio father?
you can file for custody - sole physical custody and sole legal custody. you would be able to make a case that you are the better parent and it is in the child's best interst to be in your care, at this time.
you need to go to the clerk of the court in the county where the children reside to file. you may be able to do it pro se, if they have forms that can easily be filled in - or you might consider speaking to a local attorney to help you.
but that is your recourse.
the court will look at what is in the best interest of the child. if you bring up domestic violence, drug use, alcohol abuse and generally being a lousy parent, the court will consider that. likewise, she can bring those issues up, too. if you have something specific you are concerned about ask me
no. a court should not take into consideration, unless she can impeach your character by the company you keep - meaning you hang with drugs dealers or other thugs, etc. a court is going to look for a good home and education plan. the type of environment where the child will be living, etc.
you should gather as many photos of you and your daughter participating in family events together - photos of her room, etc - if she is in school, those records showing she is doing well. also get together as many character witnesses as you can to attest you are and always have been a good father. letters to that effect are helpful from those who dont want to be in a courtroom.
also possession in 99 % of the law. so if you have possession of your daughter right now, you do not need to permit vistation - if there is no court order
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).