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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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how do i file for joint custody to protect me from mom getting

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how do i file for joint custody to protect me from mom getting to file first?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your concern. Would you mind sharing with me what State you are located in? Also, who has custody of the child now? Is mom looking for sole custody ?
Customer: replied 3 years ago.

I'm in CA and we haven't filed yet but shes threatening. Shes the one thats been out all nite drinking approx 4-5 times a week for the last 2-3 months. I need to file first.

Jon, thank you for the additional information. To get a court order for custody, you must file forms at the Clerk’s Office. The forms you need depend on your situation. If you are married to the other parent then you would likely need to file a divorce or legal separation or a Petition for Custody and Support of Minor Children or if you are not married to the other parent, then a parentage action. The clerk of court would have these forms. In addition, here is a link with the forms for you to review and select based upon the situation. It is important to remember that the Judge is always going to act in the best interest of the child. Based upon what you stated above, if the mother is out 4-5 times a week, at night and the child is being neglected or in danger, there is a basis to remove the child from the home and place him in your care, until this can be resolved.

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