Legal Question in Family Law in California

Re: abandonment by father and obtaining sole custody

If your ex is working you can obtain a wage assignment and receive the child support directly from the employer. You could bring a motion to modify child support, based upon his lack of time with the child and also for sole custody, however, if he is not exercising his part of "joint" custody, then a legal decree saying that you have sole custody isn't going to change your day to day life much. Have your current orders reviewed by an attorney to discuss the advantages and disadvantages, as well as the consequences of filing any motion. Remember, if you file a motion for increased child support, he may decide that he is going to be "super dad" so that he can increase his time to decrease his child support obligation. Once you start the ball rolling, there may be several consequences that you do not want. However, the first step is easy and that is to obtain a wage assignment. Good Luck, Pat McCrary

Re: abandonment by father and obtaining sole custody

If you ex is serious about giving up his parental relationship with your daughter, then you do not have to wait the statutory period and then file for full custody. You can do it now. You will most likely need to file an OSC (Order to Show Cause) for custody and ask the court for sole custody.

If you would like to call me regarding your situation, I would be happy to speak with you about the matter in greater detail.

Michael D. Burt

(213)384-2220

Re: abandonment by father and obtaining sole custody

based on his statement i would go in now and ask for full custody and get the child support increased because that is based on % time with the child.