Legal Question in Family Law in California

i am a legal resident of the u.s. my daughters mom is not. as it stands, we have joint physical and legal custody with primary residence with the monm. if i take her to court, can i get primary custody


Asked on 12/30/10, 7:28 am

2 Answers from Attorneys

Tina Chen Law Office of Tina Chen

Your status as a US citizen does not determine who will get custody of the child. You do not give any information as to why the court would change primary custody other than your citizenship status. This is not enough to give you any advice. Good Luck.

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Answered on 1/08/11, 1:02 pm

The California courts do not look at residency status in deciding custody. Now if the other parent were deported, obviously that would affect things, but illegal residency is a non-issue for the Family Court.

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Answered on 1/26/11, 11:45 pm


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