Legal Question in Family Law in California

switching custody to a non birth parent

My ex & I were divorced in '98. He is the custodial parent of my daughter. I am not her birthmom, however I do have signed adoption papers from birthmom from several years ago. My ex has said he would sign papers as well as long as he could maintain custody but has always backed out. Daughter lives in my home with husband and I minimum of 5 days a week by her dads choice. Dad's home is very unstable. He moves often, is engaged to his 6th with, etc. Was diagnosed with bipolar when we together but now claims it was diabetes that made him act ''crazy'' as he puts it. He fights more so then not with my daughter, her grades are suffering because of the stress and depression she going through with her dad, and I have no legal way to put a stop to all the madness so I can just help her. My question is this: Now that my daughter is 12 can she go into court and ask that her custody be switched from her father to myself despite the fact that I am not a legal parent? I don't want him out of her life, but he shouldn't be in control of it. But I also don't want to risk his flipping out at the thought of me trying to get custody...he'd take her from me all together. My husband and I are her main care givers, really could use some advice. Thanks.


Asked on 5/20/06, 10:26 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: switching custody to a non birth parent

Yes in family court and probate court via emancipation. Call me directly at 16192223504.

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Answered on 5/22/06, 6:49 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: switching custody to a non birth parent

You should contact an attorney regarding the situation . Family code section 3041 may be helpful to you. This section is helpful in proving the necessary detriment to the child necessary to permit the court to give custody to a non parent. You will nave to have strong evidence that you have the child with you the majority of the time and provide most of her care and supervision.

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Answered on 5/20/06, 8:17 pm


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