obtaining full legal custody when ncp hasn't had contact for over three years!

My two daughters haven't seen their dad for over three years-no contact at all! We share legal custody, I want to obtain full legal custody, what can i do?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by justymom:
[b]My two daughters haven't seen their dad for over three years-no contact at all! We share legal custody, I want to obtain full legal custody, what can i do?[/b]<HR></BLOCKQUOTE>


My response:

In California, as your bio states, you can do nothing until the desertion is 5 years or longer; or, unless the desertion causes you and the children to go on public assistance. If not, you must wait the full 5 years to go back into court for "a change in circumstance" that requires sole custody.

IAAL


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I was under the assumption that the ncp had to be non existent for 9 months in order for it to be considered abandonment. What are the laws of abandonment? Please help?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by justymom:
[b]I was under the assumption that the ncp had to be non existent for 9 months in order for it to be considered abandonment. What are the laws of abandonment? Please help?[/b]<HR></BLOCKQUOTE>

My response:

I don't know where you got the 9 month belief from, but it's been the law in California since before 1936 that 5 years of no contact or whereabouts of the deserting or abandoning parent is required, as the court stated in:

People v. Glab. (1936) 13 Cal.App.2d 528, 533

. . . "a subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning, unless: 1. The former marriage has been annulled or dissolved. ... 2. Unless such former husband or wife is absent, and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or is generally reputed or believed by such person to be dead at the time such subsequent marriage was contracted. In either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal."

In conjunction with this rule, please reread my first response to you.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 25, 2000).]

this has to do with divorce it sounds like. What about when it pertains to child custody? I heard the 9 month time limit at a divorce and child custody seminar in Sacramento, CA. I have also had friends who applied for full legal after just a year. I don't dispute what you say but I wonder if it applies in this case. I am remarried and my husband calls the girls his daughters, has supported them for the past four years, I am concerned that if anything happens to me, there would be a huge custody battle with my ex. Help?