Legal Question in Family Law in California
can my ex husband get jiont custody of our daughter even thought he never did what he was ordered four years ago and hasnt seen her in four years?
2 Answer from Attorneys
There are two types of custody: legal custody and physical custody. The former reflects the arrangement to decide health, education and welfare matters affecting the children. Actual physical custody is the time a parent actually spends with the child. Absent a showing that a parent is unfit, the court typically awards joint legal custody. The actual timeshare each parent has rests on what is in the child's best interests.
In your situation, the issue is whether father can commence visitation due to his past absence. My best assumption would be that the court would allow a reintroduction visitation schedule suited to the child's comfort with her father. The child has a right to develop a bond with both parents and the family court supports consistent contact for the child with both parents.