Legal Question in Family Law in California

I want to apply for sole legal and physical custody of my 3 year old daughter. Her father hasn't supported her since before her 2nd birthday. He only calls once a month at most and doesn't ask to pick her up or anything. Maybe just once or twice. How likely would it be for me and my husband to gain that custody of her? Would i be able to change her name?


Asked on 4/09/10, 12:32 pm

2 Answers from Attorneys

Joshua Hale Hale Law Group

I think it is realistic for you to get legal and physical custody. I do not generally see judges award 100%, but it is possible for some issues.

If you want help with this please let me know at your earliest convenience.

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Answered on 4/14/10, 12:41 pm

Mr. Hale is correct. Unless there is some serious issue about the safety of your daughter with her father, chances are almost zero that you will get 100% custody, because that means no visitation. You also cannot change her name if he objects. It sounds like what you are looking to accomplish is a step-parent adoption. That would change the name and cut off your ex's rights entirely. Again, however, unless he consents or disappears entirely for a very long time to where you can't even find him, it's not going to happen. And while I understand your desire to solidify the bonds of your new family, unless your ex is willing to totally turn his back on her, in which case he will consent to the adoption, for your daughter's sake you should probably be fostering an improved relationship with him, not cutting him off.

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Answered on 4/14/10, 3:42 pm


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