Fresno, CA asked in Child Custody, Domestic Violence and Family Law for California

Q: Father of my child lost custody due to abuse to the mother, me. I currently have a restraining order against him.

I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are some steps you can take:

1. File for a permanent custody order: You can file a request with the court to make the current custody arrangement permanent. This can be done through the same court that issued the initial custody order or restraining order.

2. Gather evidence: Collect all relevant evidence of the abuse, such as police reports, medical records, and the restraining order itself. This will help demonstrate to the court why the father should not have custody or visitation rights.

3. Consider seeking legal assistance: While not mandatory, it may be helpful to consult with a family law attorney who specializes in domestic violence and child custody cases. They can guide you through the process and represent your interests in court.

4. Attend the court hearing: The court will schedule a hearing to review your request for a permanent custody order. Be prepared to present your case and explain why it is in your child's best interest to remain in your full custody.

5. Follow court orders: If the court grants your request for a permanent custody order, make sure to adhere to all terms and conditions set forth by the court.

Remember, the court's primary concern is the best interest of the child. Given the father's history of abuse and the existing restraining order, it is likely that the court will prioritize the child's safety and well-being when making a determination on permanent custody.

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