Legal Question in Family Law in California
Child Custody
My ex wants to claim for joint custody. He is not working and hasn't been helping me financially. Would he be able to get the joint custody? Also, he has keys to my apartment (since he used to live there but moved out in Feb'03) and uses the excuse that he has every right to come in that apartment since his daughter lives there. Can he do that?
3 Answers from Attorneys
Re: Child Custody
Once he moves out of the apartment he has forfieted his right to full access to the apartment. Change the locks and tell that if it is necessary you will obtain a restraining order, and request that he pay your attorney fees and costs.
You should also contact the local child support enforcement agency and request assistance in obtaining child support. The court can order him to find employment.
Re: Child Custody
This is in response to the second part of your question only. Change the lock on your apartment! If your ex does not have any right to the apartment (meaning he is not on the lease) then he has no right to enter as he wishes. This would hold true even if he had joint custody of your daughter.
Reply: Child Custody
There is joint legal custody and joint physical custody. One is the legal relationship between parent and child, and the other is who the child is physically with at various times. Neither legal or physical custody is determined by financial support, they are entirely different issues based in the best interests of the child.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net