Legal Question in Family Law in California

Father wants to file for custody

My nephew had a relationship with an older woman and she became pregnant. He has lived with and supported her for the last 1.5 years. She is verbally and physically abusive to him but does not abuse the baby. He is a grad student and can no longer tolerate the living arrangement although he loves and would like custody of his baby. The mother lost custody of an earlier child. He is afraid

that leaving her and the baby will hurt his chances to bring up his son. He plans on moving out while still supporting them. He wants to know the correct steps to take and needs to find a reasonable family law attorney.


Asked on 3/01/08, 10:07 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Father wants to file for custody

petition to establish paternity and a custody/visitation/child support order.

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Answered on 3/02/08, 10:45 pm
Annette Goudy Law Offices of Annette L. Goudy, A PC

Re: Father wants to file for custody

Your nephew should consider filing a domestic violence action against the older woman, and in the DV, ask for sole legal and sole physical custody of the child. There is a presumption in the law that provides it is not in the best interests of the minor child for the abusive parent to have any custody. What county? Has any of the abuse occurred with the child in the house or in the same room?

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Answered on 3/02/08, 11:50 am


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