How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask lwpat Your Own Question
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
Type Your Family Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

in the state of california, is it hard to over turn 100 percent

This answer was rated:

in the state of california, is it hard to over turn 100 percent custody. I have 100 percent custody and my daughters dad has only joint legal custody, but has threaten to take my daughter when I go out to sea. I have honestly been the best mother, I pride myself in caring for my daughter. How can I insure he doesn't take here when I am gone. I was going to leave power of attorney to my brother and his girlfriend of seven years, because they are moving in with me to help me when I am gone. My daughters dad is very tempermental and always tries to be intimidating, it is a bit nerve racking. I am going to go back to court this week to start proceeding with a more define vistitation order because ours is very vague and it says:
a. reasonable right of visitation to the party without physical custody

so, he expects me to drive 2 hours so he can see her for his 8 hours he is off work, becasue he is a truck driver. I dont think that is reasonable.

Your brother needs to file for temporary custody. Without a custody order from the court he will not have the legal authority to make any necessary decisions for the child. A POA is not sufficient. In addition, without temporary custody, the father can simply come and get the child. You can also set a visitation schedule in the order. Normally each party is responsible for pickup, not pickup and dropoff. You may have a problem unless you can get him to agree in writing to your brother having temporary custody. I would not "rock the boat" but try to be as nice as possible and have an attoreny draft an agreement as to custody for him to sign so you can attach it to the petition. Here is the CA self help site and good luck.


an accept for my time is always appreciated

lwpat and 4 other Family Law Specialists are ready to help you