Legal Question in Family Law in California
phyical custody
my husband and I have been in phyical coustody of his son since 1999. how do we go about getting full custody? is there a way we can do that without the mother's aproval. Original divorce was in the state of South carolina, both parent now reside out side of that state.the original divoce agreement gave her custody. However the situation has changed and the child has been under our care since 1999,
Is there a amendment we can file so that we can establish custody in the state of Ca. without her,she pays no child support and never has but she also has a custody of his daughter we pay child support for everymonth. What is our rights in regards to phyical custody for the past 5 years.
2 Answers from Attorneys
Reply: phyical custody
In a general sense, you would file the out of state custody order in California, and then seek a modification of custody, visitation and child support in California.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: phyical custody
The physical custody for the last 5 years will make it very difficult for her to now request physical custody of the child. Since the child has been in the State of California for over 6 months and neither parent lives in the state of the original decree, California has jurisdiction over his custody. If you want to change the child support order, you would have to go to her state, unless she agreed to California jursidiction which is highly unlikely. Start by going to a family law attorney who has experience in interstate custody actions. If you fail to get an order there is nothing to stop her from coming to California and picking up the child. Good Luck, Pat McCrary
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