Legal Question in Family Law in California

I have a 10month daughter and she has been in my care since birth. We reside in California and her Father resides in Texas. He wants to have some type of visitation which I am okay with although he is against having it legally documented when the visitation will be and who will have custody. He'd rather take her to Texas based on a verbal agreement of when I'd get her back, which I am not okay with! I went and got the paperwork from the courthouse to file for some sort of custody so that he is able to visit her but legally I will get her back. Because of her being so young and the Father living so far away I am confused as to what I should be filing for and what the usual outlook on the courts is in a situation like mine? If you could tell me what I should file for and what I should expect the end result will most likely be, that'd be great! We have never been married and the Father has came to see my daughter a total of 15-20 days since her birth (10 monthes). He lives with a new girlfriend and I dont know much about his lifestyle as he tends to lie about most everything. I am currently unemployed, receiving assistance from the State (CalWorks/Welfare) as I look for a job. I have my own apartment where my Daughter does have her own bedroom. I have no boyfriend or live in roommates, it is just she and I that reside together. He does have a job and sends me money from time to time but refuses to cooperate with the Child Support asked to him by the State. Thanks for your time and I appreciate your answers/opinions to my questions.


Asked on 9/09/12, 8:23 am

1 Answer from Attorneys
Zaida Zuraek Bridgford Law Office of Zaida Z. Bridgford

As a brief answer, I presume you picked up paperwork for a Uniform Parentage Act case and also the forms for Request for Order (i.e. a hearing). It's possible to tackle custody through the child support case, but you're better off handling it through the UPA. When do you do the Request for Order, you have to specify what you are asking for in terms of type of custody, visitation schedule, etc. and explain why you are asking for it. You'll still have issues to deal with as far as service, family court services, registering an order in a sister state among other issues. There is more here than what can be covered in an online forum.

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Answered on 9/09/12, 10:03 pm


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