Legal Question in Family Law in California

Sole custody

My daughters father is not in her life at all. I am trying to find out the process for getting sole legal custody of her. I already have sole legal custody (the divorce and custody case went into default because he never responded). I have family on my side and his side that will testify that he does not want anything to do with her and is not in her life by his choice. The courts aren't much of a help and I'm confused as to what the process is to go in and get sole legal custody since we already have an existing order.

Asked on 3/26/09, 5:49 pm

2 Answers from Attorneys

Mark Russakow Russakow, Ryan and Johnson

Re: Sole custody

At this time it appears you could file a petition to terminate parental rights, but may cause more problems than help. You may awaken his interests in the matter and he now may want to use his visitation rights and that may not be what you want. You will need declarations from your friends and family to support your motion in court.

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Answered on 3/26/09, 6:32 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Sole custody

My experience is that the court will not terminate his parental rights unless there is another person ready to take on the parental obligations by adopting the child.

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Answered on 4/03/09, 12:16 am

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