Legal Question in Family Law in California
child custody
How can I gain sole legal custody of my children after leaving a common law marriage in which custody was not granted by a court , but was decided by the children in this case?
1 Answer from Attorneys
Re: child custody
Where was the marriage validated as common law? There is no common law marriage in California.
With whom do the children live? How long? How old are the children? Children have no authority to make custody decisions, although a child of sufficient maturity and capacity will be heard by the court and the child's opinions considered.
In order to get sole legal custody, you must have the appropriate grounds, and must file an application with the proper court. If you can, meet with a private attorney for further guidance. If not, go to your local courthouse and meet with the Family Court Facilitator or Legal Aid Office for further assistance.
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