Legal Question in Family Law in California
Hello,
I am currently going through a divorce. I entered default because he never responded. Here is my question: We have a daughter together, and he is not a part of her life. I am waiting for court date in mail. Please advise on what to tell judge. I want full custody, since he hasn't been a part of her life.
Asked on 10/17/11, 1:03 pm
1 Answer from Attorneys
B. Stuart Walker
Law Office of B. Stuart Walker
If you asked for full legal and physical custody of your daughter in the petition. You should repeat your request (under penalty of perjury) when you appear before the judge. If you didn't ask for sole legal and physical custody in the Petition and the Judge won't grant it - then you may want to ask leave to amend the Petition, start the whole process over, and serve the father again with your amended petition.
Answered on 10/22/11, 8:29 pm