Legal Question in Family Law in California

Child custody to who??

I need some help for my uncle. He was in a relationship, they had a baby, but my uncle wants to leave her for being unfaithful. They were never married. She is an illegal immigrant, but he never knew that until after they had their daughter. He knows she can not support their daughter, and she just went to jail yesterday for violent acts upon him. he plans to put a retraining order on her. He wants to know if he has enough to keep custody of his daughter.

Thank you


Asked on 7/07/06, 2:29 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child custody to who??

As a general rule a parent who is guilty of domestic violence is restricted in contact with children. He should have a good chance of getting full custody of the child. However, he should act quickly and file a petition for a dometic violence restraining order and a petition to establish paternity. He can then obtain a court order giving him custody and providing for supervised visitation.

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Answered on 7/09/06, 4:15 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Child custody to who??

My firm does not do family law in your area. I would advise the uncle to retain a lawyer in your area ASAP to get a Court order for custody, especially if she is in Jail. Now would be the perfect time to get the order.

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Answered on 7/08/06, 2:10 pm


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