Q: I have had custody of my daughter for 8 years, the father not wants joint physical and legal custody, can he do that?
He now wants it should have said. Never married to the father. He has had visitation and was never denied that right. I had custody since birth, no custody order has ever been issued.
A: Yes he can. Because a custody order has never been issued, he has a clear path to the court making a custody decision using the Best Interest of the Child factors. This is not saying - at all - that he will be successful in his efforts, but he can and will get a court hearing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
