Legal Question in Family Law in California

I am asking this question for a close friend of mine who is fearful that his ex's mother could potentially take full custody of his child from him in the future.

If there was never set custody and/or paperwork filed for custody of a child and the custody is being split 50/50 between father and the mother's mother (grandmother) what are the father's legal rights AND if the father has a record does this diminish any of this legal rights over the child.

Thank you in advance.


Asked on 7/09/10, 3:14 pm

1 Answer from Attorneys

We would need to know the facts and circumstances regarding the mother to properly answer this question properly as to what could happen to custody in the big picture. As between the father and maternal grandmother, however, he has all the rights and she has none unless and until his parental rights are terminated and she is awarded a guardianship. As for him having a record, it would depend on what it is for. Domestic violence creates an automatic presumption that he is not suitable for primary custody. An embezzlement conviction on his record would probably not matter at all.

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Answered on 7/09/10, 7:28 pm


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