how i can get legal custody ( i already have physical) custody of my daughter if i don't have the $$ for a lawyer???
*i've been told by a police officer that because i don't have "legal" custody of her- if she went to visit him & he decided not to bring her back, there would be nothing i could do
2007-07-15 17:16:34 · 4 answers · asked by mommyrayne 3 in Politics & Government ➔ Law & Ethics
dont listen to the cops they dont really know the law. especially non criminal law. if you have physical custody that means he lives with you, the legal part means that his father has decision making powers.
2007-07-15 17:21:42 · answer #1 · answered by blktan23 3 · 1⤊ 0⤋
Physical custody refers to who has legal guardianship on a day to day basis -- who is physically responsible for the wellbeing of the child.
Legal custody refers to who makes legal decisions for the child, and who has the right to approve or veto any legal decisions regarding the child.
Any custody is determined by the court. So, if you want to change custody arrangements, you need to petition the court that issued the custody orders.
2007-07-16 02:56:23 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
The officer is correct (at least in this state) If you do not have an order of custody, there is nothing you can do if he takes her. You have to petition the court for custody, or sue him for custody. If you do not have money for a lawyer, you might try finding a paralegal who can help you out. Your best bet is to try to raise the money..family...however possible to get the money for a good attorney.
2007-07-16 00:22:21 · answer #3 · answered by crystal@simplythebestcandles.biz 2 · 3⤊ 1⤋
He is right. Everything has to be in writing. Go to legal Aid they might help you. Keep searching and don't give up no matter how discouraged you might feel. Good Luck.
2007-07-17 13:46:12 · answer #4 · answered by Luv2no is in the house 7 · 0⤊ 0⤋