Legal Question in Family Law in California

I am 25yrs old and transplated Oakland resident from Detroit MI. I am currently going through a custody battle over my five yr old daughter with her father (we were never married) who is a native of Oakland. I have had sole custody of our daughter since her birth. Six months ago her father became established enough to ask for joint custody and we set up an arrangement btwn us. On June 10 he filed for temporary custody. He is expecting a baby in his current relationship in Aug and has expressed to me that he needs money. His main reason for filing for custody accoring to him is that he needs and will request child support from me. He wants to use our child to support the one he is expecting. Our first court date was 24June and the court gave us 50/50 joint custody, however I have been laid off from my job for 3 months but have been offered a job in my home state of Michigan. Our next court date is 12 Aug and I need to know what my chances are to leave the state with my daughter. I do know that her father has outstanding warrants and a history of drug abuse


Asked on 7/31/09, 10:20 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

If he has outstanding warrants he should be arrested when he goes to court. The history of drug abuse should also weigh against him. You stated that the court gave his 50/50 joint custody. How much time does he actually have your daughter in his physical custody? You should tell the court why the child's best interests would be served by allowing you to move to Detroit. These case are difficult and have to be carefully presented to the court. Retaining an attorney to represent you at the hearing would increase your chances of success.

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Answered on 8/01/09, 12:32 am


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