Legal Question in Family Law in California
Child custody
What do i have to do to get child custody? My daughter's father has never paid child support and feels he should not pay. My daughter does not want anything to do with him, she is scarred of him. I left him 8 years ago and through out this time he comes and goes, and when he comes all he does is argue with me and makes a scene. I have had restraining orders against him and that does not work. My daughter has been living with me since the day she was born. I work and provide everything she needs. Me and the ex nevered married. My daughter wants to change her last name and have my last name. Do I need a lawyer to solve my problem?
3 Answers from Attorneys
Re: Child custody
There are options: a name change petition, a paternity action or simply a child support case through the Dept of Child Support Services. There are pro's and con's to each approach.
At a minimum, you really should pursue child support.
Re: Child custody
To establish custody orders, when parents were not married, a party has to file a "Petition to Establish Perental Relations" or "paternity action." Once paternity has been established, you can ask for a court order for child support. Changing your daughter's name would involve filing a separate legal action in a different court and the father would have to be notified. You do not need a lawyer. However, these matters are quite complex, if you can afford one, getting a lawyer, or at least consulting with a lawyer, is strongly suggested!
Re: Child custody
If the restraining order does not work it is most likely because you are not reporting the violations of the order and taking action to enforce it. Restraining orders are not self enforcing.
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