Legal Question in Family Law in California
i was title the offender when i was just defended myself..my 2yr was givin physical custody to her dad...i see here every wednsday and every other weekend..how difficult will it be to get her back (physical custody)
for the last 11mos he has dropped her either dirty to the point of dirty being in between her finger face and body hair left in a rubber from the night before clothes and shoes not fitting..she throws a fit when returned to him...can i legally get physical custody back??? please help
1 Answer from Attorneys
Your question is a little unclear but I gather that your child's father was given custody of your daughter. He is complying with the visitation order, but you are concerned about the child's well-being. That the child becomes upset when she is to be returned to her father should be a matter of concern. I recommend that you have someone that you trust and who would be a good witness in court observe you and your daughter during weekend visitation and also during a transfer back to the father. You need to be careful with this, but given your history the court will want a credible witness other than yourself involved with the matter.
You have two choices: (a) you may file for a modification of the custody and visitation orders or (b) file a report with CPS and ask that the child be placed in your care.
Before you take any action however, you should consult with an experienced family law attorney.