The biological person of my daughter is attempting to ruin my life by trying to contact my daughter after years of not paying child support and seeing her. He cussed me out the other day and told me he would see me in court, and that I can't keep his daughter from him. I can write a 300 page book on why he can't see her, but basically he is not a good person. I am trying to talk to a lawyer but they are so HARD to get ahold of. Any advice from law students or lawyers out there. I'm in California. Im very worried a judge may give some sort of custody because he/she may say it's in the best interest of the child. (She is nine and hates him!)
2007-03-13 05:30:17 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Physical custody refers to the care of the child (feeding, supervising, etc). If parents have joint physical custody, then they both have periods where they care for the child. This is where visitation also fits in - if a parent is granted visitation, they are given periods of physical custody.
Legal custody refers to who gets to make decisions for the child (like where they go to school, where they will live, etc.) Normally, parents are granted joint legal custody (which means they have to make a joint decision), unless one parent is not acting in the child's best interests.
2007-03-13 05:58:23 · answer #1 · answered by EthanHunt 3 · 0⤊ 0⤋
Depends on what the county/state law is. In Florida a child over the age of 12 can tell the judge weither he/she wants to live with whom. Call the county court house and ask to talk to an attorney or an attorney's assistant. You really don't to spend the money on a lawyer just yet. Wait until he takes further steps.
2007-03-13 05:38:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
unless you can prove to the court that the father is horrible and has no business being around your child then more then likely the judge will give him weekends. Since he has not been around the child for most of her life you can request supervised visitation. Do you think he does drugs? If so ask the judge for a drug test to be completed. They will test him right there on the spot. If it comes up dirty no worries he will not be around your child. When i was younger i was ordered by the judge to see my mother. even though i didnt want to. he told me that if i didnt go i would be in attempt of court. and that was at 13 years old. Do not take her and leave the state either. That would be kidnaping. It is better to go to court and get everything on paper. Also if he does get the child on weekends as horrible as it is if he shows up to pick her up you have to give her to him even if she does not want to go. other wise he can have the cops show up with him and they will make her go. Its a horrible position to be in. Trust me i was that child. Good luck!
2007-03-13 05:45:30 · answer #3 · answered by j 4 · 0⤊ 0⤋
Physical custody refers to the day-to-day upkeep and care of the child -- where the child sleeps, who pays the bills (regardless of where the money originally comes from), who buys the food and clothes, etc.
Legal custody refers to who gets to make legal decisions regarding the child's upkeep, where the child will go to school, who can sign permission slips, etc.
2007-03-13 05:35:06 · answer #4 · answered by coragryph 7 · 0⤊ 1⤋