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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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Question regarding custody for a a 32 yr. old niece living

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Question regarding custody for a a 32 yr. old niece living in Los Angeles, Ca. living with someone for 6 years, non-married, have a 2 yr. old girl, father's name is XXXXX XXXXX certificate, father is an non involved parent, caused mental strain, my niece served him his papers a week ago and is filing for full custody. She moved with the child that day in with a friend. He gave her $175 that week but then left for Argentina (has green card) and hired a lawyer to represent him in court (they have 30 days ) He has not served her and lawyer has not returned her calls. However, he said he wants partial custody (2 days + say in medical/school issues) something he's never done before. He has another child from a previous marriage whom is but never visits blaming it on mom but we know he didn't show for visits. Therefore, its a prediction of his behavior and thought best she who is has been a full time mom, best to have full custody. There's an additional complication- her grandmother just passed and her father is ill, and she would very much like to travel back to Europe to be with her family. Can she travel with the baby? How effective will her case be against a lawyer, although we as family think her case is strong- there' s no knowledge what the lawyer has up his sleeve. As in most cases of separation, the father of the child is irrational and manipulative. She is unemployed and struggling and best would be to be with her family in Europe who can support her/baby emotionally and financially. Of major concern is the 2 yr. situation

If she simply wants to "travel" with the child, that should not be a problem. First, this would suggest that she is returning, rather than actually moving with the child. Second, as the father has left, it would be hypocritical for him to complain. Even if he were still local, she should still be able to travel with the child from time to time.

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As to moving forward without an attorney, it is certainly prudent to have an attorney representing her, especially with the father having an attorney. Having said that, I would agree with your assessment that the mother appears to have a good case. As the father has left the area and has a history of having little contact with his children, it would seem unlikely that he would prevail in an argument regarding custody.

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Customer: replied 3 years ago.

Thanks,and I'd like to continue working with you however, there's more complications and details that I haven't yet covered.


 


1. Doesn't traveling with the child require a notarized note from the father agreeing to the travel? and the presence of the father or again a notarized note even to file for a passport? (The father is in Argentina visiting his sick mother, but will return just after the 30 days of being served.) and yes, she would like to return.


 

No, to travel with a child, neither parent needs a notarized statement from the other. As I detailed above, either parent may travel with the child at any time. However, if the child does not yet have a passport, then both parents signatures are required to obtain the passport.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.