Legal Question in Family Law in California
Stepparent concerned for child living with mother
My husband has a 6 year old daughter with a woman he was never married to. Untill about 2 months ago this child was living with my husbands brother and his wife, the mother had infrequent visits with the child. She was still receving welfare benifits for the child though. The bio mother now has the daughter but lives in a very small apt. with her sister who is 15. The bio is currently pregnant by a man who is in prison on drug related charges. The bio also has drug related charges pending as well as welfare fraud charges. The bio verbally abuses my husband in front of his daughter and is constantly trying to turn his daughter against him. He pays child support but the bio insists that he buy all her clothes and any supplies she needs. She takes no financial responsibility for the daughter. She does not work and is supporting her minor sister herself and the daughter on the support money. I am concerned that the daughter is not getting the parenting she needs and my husband would like to change the custody arrangement since we live in a stable invironment. I wanted to know if we stand a chance in California they usually side with the mother.
3 Answers from Attorneys
Re: Stepparent concerned for child living with mother
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
"They" -- I assume you mean the courts -- do NOT usually side with the mother. The standard for custody decisions is "the best interest of the CHILD." If what you say is true, and if your husband (and you) can provide a more safe, secure, and stable environment for the child, he ought to have an Order to Show Cause Re Custody issued immediately. Contact an experienced Family Law attorney in the county where the most recent court order re custody originated for specific advise and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Stepparent concerned for child living with mother
Yes.
Re: Stepparent concerned for child living with mother
It sounds like the child needs a change of custody. I would suggest that you bring a motion to establish custody or modify the custody order. It may be a long process (or it may happen quickly) but you should start soon. Failure to move will imply consent to the situation and the longer you wait the tougher it will be to change the custody of the child. A good attorney will substantially increase your chances of success. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
