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How to Get Custody if the Mother Moves Out

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  • 07-07-2013, 05:36 AM
    svforsure
    How to Get Custody if the Mother Moves Out
    My question involves a child custody case from the State of: california
    Well my small family as 3 have been together for almost a year and a half with myself(father) providing support for both my daughter and my daughters mom since before the child was born 3 months before the said year and a half. We now live with my parents and she wants to move back in with hers.. The mother is under age and will be 18 in a couple of short months. She is threatening to take my daughter and make me not able to s (I know is not possible in my situation). Since I have been providing for them and I honestly believe I will be the better parent partly because she does wrong things such as watching tv instead of putting the baby to sleep. She believes she has every right to take her and the court will support her decision. I know this is wrong and the decision lies in the best interest of the child. I wanted to be the primary parent but still approve of her seeing my daughter and trying to have a normal life. How can I stop these threats and how can I be in primary custody of my daughter?
    Fyi. I honestly don't want to be fighting for custody of my daughter because I don't take her as an object to be fighting for but just in case I get threatened with not being able to see her, that is why I want to do this
  • 07-07-2013, 08:38 AM
    shortie
    Re: Father Wanting Child Custody
    Quote:

    Quoting svforsure
    View Post
    My question involves a child custody case from the State of: california
    Well my small family as 3 have been together for almost a year and a half with myself(father) providing support for both my daughter and my daughters mom since before the child was born 3 months before the said year and a half. We now live with my parents and she wants to move back in with hers.. The mother is under age and will be 18 in a couple of short months. She is threatening to take my daughter and make me not able to s (I know is not possible in my situation). Since I have been providing for them and I honestly believe I will be the better parent partly because she does wrong things such as watching tv instead of putting the baby to sleep. She believes she has every right to take her and the court will support her decision. I know this is wrong and the decision lies in the best interest of the child. I wanted to be the primary parent but still approve of her seeing my daughter and trying to have a normal life. How can I stop these threats and how can I be in primary custody of my daughter?
    Fyi. I honestly don't want to be fighting for custody of my daughter because I don't take her as an object to be fighting for but just in case I get threatened with not being able to see her, that is why I want to do this

    First of all, you never said whether or not you are married, or if you are not, if you have established paternity via AOP or DNA test.

    Either way, she does have every right to take the child, so you are wrong there.

    If you are married or have established paternity, then you also have every right to keep the child. If not, then you need to establish paternity NOW. If you are already the legal father, then go file for temporary custody.

    By the way, "Watching tv instead of putting the baby to sleep" is one of the most miniscule complaints I've ever heard in trying to prove a parent unfit. You need to focus your argument for custody on "not uprooting the child's life" and "status quo" instead of stupid things like that.
  • 07-07-2013, 10:08 AM
    SESmama
    Re: Father Wanting Child Custody
    However, if presumed dad is the one providing the family income, who has been the primary caretaker of the child? If mom does not work then that would most likely be her and not dad.
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