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

custody. I have 100 percent...
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:
Visitation-
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.
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Answered in 9 minutes by:
6/1/2010
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
Verified

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.

 

http://www.courtinfo.ca.gov/selfhelp/family/custody/

 

an accept for my time is always appreciated

lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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