Sacramento, CA asked in Child Custody and Family Law for California

Q: how would i go about starting a child custody case against my ex boyfriend for custody of my three month old daughter?

my ex is not giving me my daughter even after we signed and agreed to a set schedule. my problem is that the agreement wasnt through the court. i need to know how to go about starting a court case against him. how would i get the judge to make him seek anger management for his anger issues?

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2 Lawyer Answers

A: Filing a paternity case with the court and a request for order for child custody and visitation is needed. He will need to be served with the documents. The court's self help center can provide some assistance, but many people prefer professional legal help. You should be able to find a local family lawyer to help on a limited scope basis. Discuss the anger management issues with a lawyer. If he has committed a recent act of domestic violence, you might be able to get a restraining order and his attendance at domestic violence classes. If you were comfortable with your out of court agreement, the agreement could provide the court with some guidance as to what type of custody would be in the child's best interest.

A: Child custody agreements, to be valid, must be ordered by a judge. You can file a paternity, child support, and child custody case in Superior Court in your county. If he has a documented history of abuse, you can ask for anger management classes for him as part of the custody order. You'll need to bring evidence to support your requests. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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