• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child Custody Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

threepack

Junior Member
What is the name of your state? CA

In 1994 my wife left me for another man. She left me with a 6 yr old stepdaughter and a 2year old daughter. I didn't divorce her. I figured, she left, she can deal with the paperwork and cost. In 2001 she filed for divorce. Custody was not addressed. I was worried that if I went to court to gain legal custody and ask for child support that I would lose my stepdaughter. In 2006 I grounded my stepdaughter for ditching school. She called her mother who promptly moved her out of my house and to Washington State. This happened near the end of the school year. She never made up the time and 6 months later she dropped out of high school. 1 week ago, history repeated itself. My 16 year old daughter, who has been grounded for various things, was MIA when I got home from work. Her mother flew down, and took my daughter with her to WA. Again, it was finals week, and now my kid has lost a semester of school. My daughter won't talk to me and my ex has filed an EPO--says I threatened her. She says she's planning to get me to pay support on top of it all. My question is twofold: Do I have any chance of legally gaining custody of my 16 year old? And, can I file for back support, since for 14 years, she never paid a dime?
 


Ohiogal

Queen Bee
No you cannot file for 14 years of child support. That should have been handled -- as well as custody -- in the divorce. You might get your daughter back but not your stepdaughter.
 

Just Blue

Senior Member
What is the name of your state? CA

In 1994 my wife left me for another man. She left me with a 6 yr old stepdaughter and a 2year old daughter. I didn't divorce her. I figured, she left, she can deal with the paperwork and cost. In 2001 she filed for divorce. Custody was not addressed. I was worried that if I went to court to gain legal custody and ask for child support that I would lose my stepdaughter. In 2006 I grounded my stepdaughter for ditching school. She called her mother who promptly moved her out of my house and to Washington State. This happened near the end of the school year. She never made up the time and 6 months later she dropped out of high school. 1 week ago, history repeated itself. My 16 year old daughter, who has been grounded for various things, was MIA when I got home from work. Her mother flew down, and took my daughter with her to WA. Again, it was finals week, and now my kid has lost a semester of school. My daughter won't talk to me and my ex has filed an EPO--says I threatened her. She says she's planning to get me to pay support on top of it all. My question is twofold: Do I have any chance of legally gaining custody of my 16 year old? And, can I file for back support, since for 14 years, she never paid a dime?

You need to file for custody and to have the child returned to the state immediately.
 

LdiJ

Senior Member
No you cannot file for 14 years of child support. That should have been handled -- as well as custody -- in the divorce. You might get your daughter back but not your stepdaughter.
If his daughter is 16, then his stepdaughter is 20, so the stepdaughter is out of the picture at this point anyway.
 

CourtClerk

Senior Member
RED FLAG
Why was custody never addressed? That is almost a non occurence in California.
I figured, she left, she can deal with the paperwork and cost. In 2001 she filed for divorce.
Wrong again... in California, when you file a divorce, both parties end up incurring costs because each side has to pay a first paper fee. So, she files the petition... she pays. You file a response... you pay. If you never responded, chances are you defaulted. You may want to go look at the final judgment of dissolution and see if there wasn't any mention of custody of your child with her.

By the way... this was a piss poor way to handle divorce with children.

Now, just when did your daughter up and leave and go to mommy's house (because that does make a difference)?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top