Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 3 months 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 3 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 9 hours by:
3/23/2018
Michael Bradley
Category: Family Law
Satisfied Customers: 1,499
Experience: Owner at The Protection Group LLC
Verified
Who has legal custody of the child at this point?
Ask Your Own Family Law Question
Customer reply replied 3 months ago
Her father
The father is the only one? And is he the one that was committed?
Ask Your Own Family Law Question
Customer reply replied 3 months 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 3 months 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 3 months 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.
Ask Your Own Family Law Question
Customer reply replied 3 months 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: 1,499
Experience: Owner at The Protection Group LLC
Verified
Michael Bradley and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Michael Bradley Your Own Question
Michael Bradley
Michael Bradley
Michael Bradley
Category: Family Law
Satisfied Customers: 1,499
1,499 Satisfied Customers
Experience: Owner at The Protection Group LLC

Michael Bradley is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
One of my moms friends has guardianship over my little
Jackie one of my moms friends has guardianship over my little sister because my mom is a drug attic and is incapable of raising her and her father is deceased due to a heroine overdoes I'm currently i… read more
Sue
Sue
Juris Doctorate
564 satisfied customers
I divorced 8 years ago in San Francisco. Since then, my x
i divorced 8 years ago in San Francisco. Since then, my x wife and i moved with our 2 daughter to San Diego. Separate homes, but we moved at same time. We have been in San Diego for 2 years, both leas… read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
2 years ago, i had a little girl at a hospital in Lafayette,
2 years ago, i had a little girl at a hospital in Lafayette, Louisiana.. Well to make a long story short for you; I had an accident at the hospital where i was given a type on liquid which i was highl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am in serious need of some help asap. I need to know if
Good Morning, I am in serious need of some help asap. I need to know if their are self-help sites or anywhere that will help me to obtain guardianship or temporary custody of my 1yr old granddaughter … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I had a divorce in 2009, Divorce decree was created in San
I had a divorce in 2009, Divorce decree was created in San diego courthouse. Custody and child support for my little girl, is in the case file. Ex-wife took my daughter to Erie, PA while I was in the … read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
I had emailed back in Nov. of last year about my daughter,
I had emailed back in Nov. of last year about my daughter, her father and stepmother had taken her 4 year old daughter and accused her of abusing her they have legal guardianship of the 4 year old and… read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
My daughter prepared a last will and testament before she died
My daughter prepared a last will and testament before she died days before infact. She gave legal custody of her 10 month old son to my ex wife. The paternal father who is not financially stable and a… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Mother of Daughter (incarcerated until Oct) has a 2 yr old
Mother of Daughter (incarcerated until Oct) has a 2 yr old daughter. Father of child has been in and out of jail and has been released. The child has been born and raised with the maternal grandparent… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
My daughter who was a single mother just died. Before her
My daughter who was a single mother just died. Before her death, she was in the process of pursuing financial assistance from the absentee father thru the courts. She won by default because she was a … read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
My cousin has been living with my parents years. Her
My cousin has been living with my parents for 7 years. Her mother was in jail for a large number of fraud, please Google xxxxxxxxxx for articles, and her father has failed to maintain living condition… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I need a legal expert at domestic violence/abuse cases Over
I need a legal expert at domestic violence/abuse cases Over a period of about 3 weeks starting April 1 my wife had been experiencing a series of strokes. I took her to the ER 7 times but they didn't f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My ex-husband (in the military) and I have a divorce decree
My ex-husband (in the military) and I have a divorce decree from Hawaii which addresses custody and visitation while I lived in San Diego, CA. Our child would reside with me and we would share visitat… read more
socrateaser
socrateaser
1,031 satisfied customers
My daughter has some serious health issues. I need to know
My daughter has some serious health issues. I need to know the process to officially take custody of my grand daughter. Or obtain guardianship.… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I am a grandmother of two boys my daughter has full custody
I am a grandmother of two boys my daughter has full custody of both boys but she doesn't provide the boys with a stable home . My oldest grandson is 4 years and 10 months old and she has moved him 10 … read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
Hi, I have had a ton of questions regarding my upcoming initial
Hi, I have had a ton of questions regarding my upcoming initial custody and visitation hearing, and I have one more. I am just trying to make sure my son's father and I have addressed all issues, so t… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I have a 4 year old daughter. Husband is bi-polar but well
I have a 4 year old daughter. Husband is bi-polar but well spoken. He wants 50/50 custody but does not want to move to area child is currently living.He is about 2 hours away. What are his chances? I … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Im a parent of a 16 year old daughter who is 8 weeks pregnant.
I'm a parent of a 16 year old daughter who is 8 weeks pregnant. The father of the child is 15. My daughter wishes to raise the baby, however, due to our income, she is ineligible for state assistance.… read more
socrateaser
socrateaser
1,031 satisfied customers
My grandchildren are being abused and neglected by their separated
My grandchildren are being abused and neglected by their separated parents. Both make less than 11.00 an hour and do not provide the basic necessities for these two children. We provide medical care, … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x