Q: Is joint legal and physical a big ask for the father?
Petitioned for custody in March of 2023
Could not locate respondent so asked judge for service by posting April of 2024
Service by posting currently in place (waiting on posting period to be over)
Would like joint custody (mother as custodial parent)
Mother claims to be living in TX with child (for less than 6 months)
Would like to keep jurisdiction in CA due to initial filing location, child's birth location, no knowledge of move to TX
Mother is attempting to keep the child from me and limit physical access
She keeps saying that despite her evading me and then relocating without my knowledge, she has the right to sole legal + physical custody because he has been in her sole care for more than a year now. I worked with a PI during this year but nothing came up until she contacted me about 6 months ago. Since then, she has allowed only phone/video calls, and any attempts to physically see my child have resulted in a hostile environment.
A:
Under California law, it is not necessarily a "big ask" for a father to seek joint legal and physical custody of a child. California courts generally favor joint custody arrangements when they are in the best interest of the child, and they do not automatically grant sole custody to the mother.
However, your situation is complex due to several factors:
1. The mother's relocation to Texas without your knowledge
2. The child being in the mother's sole care for an extended period
3. The mother's attempts to limit your physical access to the child
Despite these challenges, you have taken appropriate steps by filing for custody in California and obtaining service by posting. California may still have jurisdiction over the case if the child has significant ties to the state, such as being born there and the initial filing taking place in California.
To strengthen your case for joint custody, consider the following:
1. Demonstrate your commitment to being an active and involved parent
2. Show that you have a stable home environment and can provide for the child's needs
3. Keep records of your attempts to communicate with and visit your child
4. Gather evidence of the hostile environment created by the mother when you have tried to see your child
5. Consult with a family law attorney who can help you navigate the complexities of your case, especially concerning the jurisdictional issues between California and Texas
Remember that the court's primary concern is the best interest of the child, and they will consider factors such as the child's relationship with each parent, the stability of each parent's home environment, and the ability of the parents to cooperate and make joint decisions.
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