I live in San Diego, CA and am thinking about filing for legal and physical custody of daughter. My kid's dad hasn't seen her in 2 yrs (he hasn't wanted to) and lives in Texas, but has told me he's moving back to San Diego in a month or so. I am wondering if I should take advantage of him living out of state and file now, or if it will be best to wait till he moves here. He will not contest the custody papers.
1 Answer from Attorneys
There is no great advantage of filing while he is out of state as the court can always modify the order that you obtain and that may be easier than filing his own action. You certainly should file an action ASAP because there is currently no order concerning custody and, if he is on the birth certificate, there is nothing to legally prevent him from picking up your daughter. It may also save you a great deal of grief when you have your rights and his rights determined.