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My partner of 5 years has been Involuntary 5150 in San

My partner of 5...

My partner of 5 years has been Involuntary 5150 in San Diego. His legal husband, myself, and another individual are a polyamorous relationship. I have lived with our daughter and raised her since she was 3 months old. I have a documented record of providing stable care. Can I obtain legal custody or guardianship?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in CA family court?

No

Lawyer's Assistant: Have they talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our daughter is 4.5 years old and I have co-raised her since she was brought home. Her mother abandoned and has no parental rights. We are a happy family of 4 men and a child. The Parent was arrested for domestic violence against me last year and I obtained separate residence, but soon reconciled. I have maintained a separate residence and want to file for sole/joint custody or guardianship but I’m not sure if I have any legal ground to do so.

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Customer reply replied 27 days ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 27 days ago
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Answered in 9 hours by:
3/23/2018
Michael Bradley
Category: Family Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified
Who has legal custody of the child at this point?
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Customer reply replied 26 days ago
Her father
The father is the only one? And is he the one that was committed?
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Customer reply replied 26 days ago
he is legally married and his husband has our daughter in his custody at their home. We have been in a polyamory relationship for 5 years and I have raised her since she was born. Does his legal husband have guardianship/parental rights through marriage? She shares his last name and is on his insurance. However I feel the home is not appropriate anymore and I want to file for guardianship and leave the relationship.
Customer reply replied 26 days ago
I lived in the home for 3 years, until the father was arrested for domestic violence, sexual assault, false imprisonment, and Vandalism. I sought a separate residence, but we reconciled our relationship for the benefit of the child. I have maintained a separate residence until now but stay at the house 100% of the time.
Customer reply replied 26 days ago
Also, no charges were ever filed.
Essentially the answers to your questions are yes. The spouse would have standing to pursue a custody action. However, based on what you have told me, you would also have the right for standing period in legal terms it is in loco parentis. Just Latin mumbo-jumbo for standing as a parent. Based on the amount of time you have been involved with this child and raising this child you would have the opportunity to file for custody and based on what you have said, I would suggest that you do.
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Customer reply replied 26 days ago
Thank you
You are welcome. Good luck. I hope you find the peace that you are looking for. Please rate my advice. While I do not do this for the ratings, my compensation is tied into the rating system. I strive for five stars and hope I have answered all of your questions. Thank you.
Michael Bradley
Category: Family Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified
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Michael Bradley
Michael Bradley
Michael Bradley
Category: Family Law
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