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  1. #1
    Join Date
    Sep 2008
    Posts
    2

    Default Trying for Sole Legal Custody

    My question involves a child custody case from the State of: California

    My divorce has gone into default as the other party failed to ever respond after he was served. We do have a child custody order for our 3 yr old daughter. I have sole physical custody and we share joint legal. I have tried to work with him on issues regarding medical and dental as he provides it but he refuses. When I try to get it done, I am told due to his privacy rights, I can not take care of it. He has failed to pay his court ordered arrears, child care and only pays part of his child support.
    I left my marriage due to abuse and our daughter is in counseling due to her trauma. I was recently notified in writing from her counselor that she is exhibiting signs of PTSD and that she believes her extreme reactions are due to the realistic danger she endured due to the domestic violence within our home. (Which of course he denies)
    I have legal counsel but he says I can not get sole legal custody in California. Is this true? I have tried my best to work with her other parent but he refuses. What would my chances be of getting sole legal as well as sole physical custody? What would I need to have to submit for a judge to review this? Our order actually states "joint legal pending further court order."

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Trying for Sole Legal Custody

    I have legal counsel but he says I can not get sole legal custody in California. Is this true?
    What reason did he give? Sole legal custody is certainly not unheard of in California.

    Contact your local Clerk of Courts for the forms necessary to amend your custody order, and follow the instructions given.

    If you feel your current counsel is not working with the best interests of your daughter in mind, you might consider getting a new attorney.

  3. #3
    Join Date
    Sep 2008
    Posts
    2

    Default Re: Trying for Sole Legal Custody

    He says simply that unless he's a drup addict, is convicted of a crime or physically abusers her (he's only been emotionall and mentally abusive), I have no grounds for sole legal custody.
    I am not trying to stop his visitation - I am only trying to get to a place I can make decisions for her without having to battle him or have him threaten me over every decision I make without his input. When I ask for his input, I don't get it. So I am in a catch 22 where he is alwasy threatening me over something.

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