QUESTION
My ex bf left us in Jan 2020 and has not made any attempt to keep contact with his daughter physically mentally and financially but want 50/50 custody
Asked on Oct 05th, 2020 on Child Custody - California
More details to this question:
He was very abusive physically and mental toward us when he is drunk I have called the police and when he hit me in front of my son the last time in oct 2019 and left me and my son on the street in the middle of the night without any money or way to contact ppl his mom passed away in nov and I took him back to help him thru his time but he hasn’t changed keep lying about going to AA and other classes he say He trying to change but the first week of Jan he say he was leaving and wanted to take my daughter to but I wouldn’t let him when he was living with his so called friend than and now gf. He has a phone to call her but it’s alway me and my daughter making the effort to call him. In may or June of 2020 he came to our hometown but he wouldn’t come see her I had to ask someone to borrow their car to take her to see her dad. In august of 2020 we found out that his gf kids don’t like him and took all her money and kids from her and they was basically homeless
1 ANSWER
It is unclear in your fact pattern as to how old your daughter is now and what you want?? I can presume that you want full custody of your daughter. If so, then you need to file a petition for paternity (FL-200) in Superior Court. Most Superior Courts have self-help units to help you complete all the paperwork. Then a judge can issue an order giving in full custody or whatever you desire. After you have him served, then he has a right to contest your request. From what you tell me, he probably doesn't have the ability to contest you nor will he be awarded any custody. If he wants visitation, you can ask that the visitation be monitored (or supervised) because you do not trust him alone with your daughter based upon his past conduct and propensity for violence. Good luck!
Answered on Oct 06th, 2020 at 10:57 AM