Legal Question in Family Law in California

How does a single unmarried woman get sole custody of her child?

I have a client who is not married. She has always been the custodial parent. She has never been to court to get legal sole custody. How would she start this process. Childs father is in and out of jail, takes the child and sometimes does not bring him home. My client is fearful that he will take off with the child, and the child will be in danger.


Asked on 5/25/00, 3:38 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: How does a single unmarried woman get sole custody of her child?

She MUST go to court and seek legal custody. She can do this with papers she can get at the local courthouse or with the aid of an attorney. If the father is a bad guy she may want to limit his visitation to either supervised or very short duration. If she does not go to court for custody rights the father by default has equal rights and may himself go to court for custody, which then would require her to fight him in court.

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Answered on 7/06/00, 5:56 pm
Ken Koury Kenneth P. Koury, Esq.

Re: How does a single unmarried woman get sole custody of her child?

if he is in and out of jail a lot she might want to time the paperwork so that he is served while in jail.

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Answered on 7/07/00, 12:39 pm


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