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Dad wants Custody for 3 year old Daughter

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AprilAngel87

Junior Member
What is the name of your state (only U.S. law)? California

Hi. So I am trying to help my boyfriend out to get him in the right direction for getting custody of his daughter. She is 3 years old and lives with him since she was born. Last week his daughers mother took her away from him and has not let him see or speak to him. He wants to file for full custody but doesn't know how to proceed. His daughters mother does not live with him but is frequently at his place because of their daughter.

A few facts about the situation.
When the baby was born he was awarded full custody because the mother tested positive for drugs during her pregnancy. After she completed her mandatory court classes he allowed joint custody. He is and has been the sole provider for his daughter, has a full time stable job (7 years) and lives in a reputable city but has a couple DUI's on his record that were from his younger days (4 years prior to being a father). The child's mother works retail a couple hours a week but lives at home with her parents and 3 siblings in a neighborhood known for violence.
The mother of the child uses the child agaist him because she knows that the child is very close to him and since she found out that he is now dating has been very difficult to deal with.

Question is: Would he be awarded full custody? and if so how can he go about filing for it.? Should he get a lawer before he files paperwork?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? California

Hi. So I am trying to help my boyfriend out to get him in the right direction for getting custody of his daughter.
He's not worried about this himself?? :confused:

AprilAngel87 said:
She is 3 years old and lives with him since she was born. Last week his daughers mother took her away from him and has not let him see or speak to him. He wants to file for full custody but doesn't know how to proceed. His daughters mother does not live with him but is frequently at his place because of their daughter.

A few facts about the situation.
When the baby was born he was awarded full custody because the mother tested positive for drugs during her pregnancy. After she completed her mandatory court classes he allowed joint custody. He is and has been the sole provider for his daughter, has a full time stable job (7 years) and lives in a reputable city but has a couple DUI's on his record that were from his younger days (4 years prior to being a father). The child's mother works retail a couple hours a week but lives at home with her parents and 3 siblings in a neighborhood known for violence.
The mother of the child uses the child agaist him because she knows that the child is very close to him and since she found out that he is now dating has been very difficult to deal with.

Question is: Would he be awarded full custody? and if so how can he go about filing for it.? Should he get a lawer before he files paperwork?
Does HE know you're here posting about HIS private business?? :eek:
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? California

Hi. So I am trying to help my boyfriend out to get him in the right direction for getting custody of his daughter. She is 3 years old and lives with him since she was born. Last week his daughers mother took her away from him and has not let him see or speak to him. He wants to file for full custody but doesn't know how to proceed. His daughters mother does not live with him but is frequently at his place because of their daughter.

A few facts about the situation.
When the baby was born he was awarded full custody because the mother tested positive for drugs during her pregnancy. After she completed her mandatory court classes he allowed joint custody. He is and has been the sole provider for his daughter, has a full time stable job (7 years) and lives in a reputable city but has a couple DUI's on his record that were from his younger days (4 years prior to being a father). The child's mother works retail a couple hours a week but lives at home with her parents and 3 siblings in a neighborhood known for violence.
The mother of the child uses the child agaist him because she knows that the child is very close to him and since she found out that he is now dating has been very difficult to deal with.

Question is: Would he be awarded full custody? and if so how can he go about filing for it.? Should he get a lawer before he files paperwork?

We can't tell you, we don't have a crystal ball. Where mom and kid are living now doesn't matter, the fact that she works retail doesn't matter.

Since this doesn't involve you, the best advice you could give him is to leave you out of this and to get an attorney.
 

anearthw

Member
Nothing you state would be sufficient for him to gain full custody if they currently have joint custody. If your boyfriend has already had temporary full custody in the past and then joint custody, it suggests he has been through the courts a few times regarding this child, so I'm sure he is well aware of what to file when she is withholding his visitation ;)

What happened in the past no longer matters as the courts have decided them now both currently fit for joint custody. Don't try and go there.
 

anearthw

Member
And as usual, it is not your business. Do not get involved with the situation. He's involved with her for the next 15 years, minimum, so if you plan to stay for the long haul I suggest you leave the parenting to the parents and MYOB.
 

Antigone*

Senior Member
And as usual, it is not your business. Do not get involved with the situation. He's involved with her for the next 15 years, minimum, so if you plan to stay for the long haul I suggest you leave the parenting to the parents and MYOB.
does dannyt have a twin:rolleyes:
 

AprilAngel87

Junior Member
He's not worried about this himself?? :confused:



Does HE know you're here posting about HIS private business?? :eek:

Yes he does. He also knows that i am trying to help him. Of course he's worried. He hasnt been sleeping because it's tearing him up and still has to work swing shifts so he doesn't have enough time. I am just trying to help guide him in the right way so he doesnt waste time in the wrong way.
 

Silverplum

Senior Member
Yes he does. He also knows that i am trying to help him. Of course he's worried. He hasnt been sleeping because it's tearing him up and still has to work swing shifts so he doesn't have enough time. I am just trying to help guide him in the right way so he doesnt waste time in the wrong way.
Well, we on FA -- and everyone in the court system -- will only deal with the parents. The ones who are on the court orders.

Please have your boyfriend sign up (under his own account) and ask his legal questions.

Thank you.
 

Antigone*

Senior Member
Yes he does. He also knows that i am trying to help him. Of course he's worried. He hasnt been sleeping because it's tearing him up and still has to work swing shifts so he doesn't have enough time. I am just trying to help guide him in the right way so he doesnt waste time in the wrong way.
Guide him in the direction of a local attorney and stand back. Even write the check if you want, but don't involve yourself in this legal matter. It can and will hurt him.
 

AprilAngel87

Junior Member
And as usual, it is not your business. Do not get involved with the situation. He's involved with her for the next 15 years, minimum, so if you plan to stay for the long haul I suggest you leave the parenting to the parents and MYOB.

I of course will leave the logistics to them however I am planning on being around for a while and just want to see what I can do to help him. I'm not trying to to get involved in the whole matter but I kinda already am because I am dating him. So like it or not it is my business. I am really just trying to figure out how to help him the best I can. Why can't anyone just please try to help me help him. I am aware that she is going to be around for the next 15 years and I want it to be in the best intrest of his daughter. I am not trying to bring the past back I was just giving some background on the matter to see if it would made a difference in court and what not.
 

AprilAngel87

Junior Member
And as usual, it is not your business. Do not get involved with the situation. He's involved with her for the next 15 years, minimum, so if you plan to stay for the long haul I suggest you leave the parenting to the parents and MYOB.
Well, we on FA -- and everyone in the court system -- will only deal with the parents. The ones who are on the court orders.

Please have your boyfriend sign up (under his own account) and ask his legal questions.

Thank you.
okay thank you.
 

Silverplum

Senior Member
I of course will leave the logistics to them however I am planning on being around for a while and just want to see what I can do to help him. I'm not trying to to get involved in the whole matter but I kinda already am because I am dating him. So like it or not it is my business. I am really just trying to figure out how to help him the best I can. Why can't anyone just please try to help me help him. I am aware that she is going to be around for the next 15 years and I want it to be in the best intrest of his daughter. I am not trying to bring the past back I was just giving some background on the matter to see if it would made a difference in court and what not.
Be sure to tell his Judge, "Like or not, it is my business, because I kinda already am dating him."
 

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