Q: My ex husband has full custody in california and I'm in oregon
He has had her for 2 years due to a difficult time in my life. He has full physical custody what are my next steps to reverse that so I can have some type of visiting rights or get half custody back?
A:
It sounds like the court that last issued a Judgment for custody is a California Court. If that is the case you will need to file something with that court asking for the court to set up parenting time or visitation. That should be easy unless their is some concern about your ability to have your daughter visit with you such as you are abusing substances or have some other problem. But if that isn't a concern I would expect that a court will order some type of parenting time and depending on how old your daughter is, you may be able to get her to come for long visits and stay with you here in Oregon when she isn't in school. But the last court that heard the matter has jurisdiction so that is where you have to file.
I don't know about half custody. Really what you want is visitation or what we call in Oregon a Parenting time plan. Your child needs to be in one place when attending school so going back and forth between California and Oregon wouldn't work during school. If you and the father live closer you will probably be able to spend more time with your daughter. You might want to consider moving closer to where your daughter lives if that is an option.
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