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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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How to fill custody and how old dose my son have to

Customer Question

how to fill for sole custody and how old dose my son have to be before he can say who he wants to live with?
Submitted: 2 years ago.
Category: Family Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for using Just Answer. I look forward to assisting you. Can you tell me, is there already a custody order in place, or is this the first time you are seeking custody? Is this a part of a divorce action?
Customer: replied 2 years ago.
We were never married,it was a one time thing. My son is a 11 years old and only seen his dad less than a hand full.
My son has my last name and his name is ***** ***** the birth cert.He told me that he was going to take him from me because I didn't
sign a paper for him .He wanted me to lie so he could get money back from I.R.S. Then when he said he was going to take my son I went to get a restraining order on .I go to court the 27th of this month.
Expert:  RobertJDFL replied 2 years ago.
Thank you for your reply. In the absence of an agreed order that the parties can present to the court to sign (which isn't going to happen here as the father is obviously very uncooperative) you would have to file a petition for custody with the court called a Petition for Custody and Support of Minor Children. The California Courts website actually has a lot of good information on what forms to file and a family law facilitator to assist you. You can read up on the information and get the forms here: to custody, California courts must consider a child's preference when the child is of sufficient age and ability to voice an intelligent opinion on custody or visitation. If a child is at least 14, he or she will always be allowed to state a custodial preference (though it's not binding on the court). Your son is still too young to state a preference, but the court will make its determination based on what it believes is in the "best interest of the child" - that is, they will look at factors such as who has cared for and primarily raised the child, the ability of each party to care for and support the child, the ability of each parent to foster a good relationship between the child and the other parent, any history of violence, etc. I think given that you've been the primary caregiver and the father doesn't appear to have the best relationship with your son obviously works in your favor here.Should you have any follow-up questions, kindly use the REPLY option and I'll be happy to assist you. Thank you.