Legal Question in Family Law in California

my daughters father and I decided to try and work things out after him leaving me through my whole pregnancy and not being there my daughters first month. Apparently things aren't gonna work out because he is too busy partying and living the life he doesn't have anymore. He has no job and shows no effort to try and get one I'm tired of dealing with him being so irresponsible so I broke thing off and now he's threatening me to take my daughter away from me. He has absolutely nothing against me I'm a full time college student along with being a full time mom while he sits at home doing nothing all day. I want to know what I have to do to get full custody of her and have him only see her at my house because I dont trust that if he takes her he won't leave her with his parents to go out with friends and I don't trust his parents to be alone with her. I need help please.

Asked on 11/06/11, 11:36 pm

1 Answer from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

You can't simply say that you don't want the dad to see his daughter just because you're angry that he has been irresponsible. You have to be very careful. If he proves in court that you have prevented him from seeing his daughter, the judge COULD take your daughter away and give her to him. You need to file a parentage action so that you can file an Order to Show Cause for custody, visitation, and support. The support court will order him to look for a job and force him to come to court regularly to show proof of looking for a job. Be very careful with this.

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Answered on 11/07/11, 4:14 pm

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