Q: What if I was living with my daughter after dad got custody but kicked me out and all of a sudden wants to follow court

A: If you were living with your daughter after your ex-partner gained custody but then asked you to leave and is now pursuing court action, it's crucial to understand your legal rights under California law. In family law cases involving custody and living arrangements, courts prioritize the best interests of the child. This means they consider factors like stability, continuity of care, and the child's relationship with both parents. If you've been providing a stable environment and care for your daughter, this could be an important factor in court.

In California, custody orders are typically based on what the court determines to be in the child's best interests at the time of the hearing. If your ex-partner is seeking to modify the custody arrangement or enforce the existing order, they must demonstrate a significant change in circumstances that warrants such a change. Your ability to provide a stable and nurturing environment for your daughter may counter any claims made by your ex-partner, especially if you can show that your daughter's well-being is paramount and that you've been actively involved in her life.

It's important to gather evidence that supports your role in your daughter's life, such as records of your involvement in her schooling, healthcare, and daily care. Documenting any attempts you've made to maintain a relationship with her and contribute to her upbringing will strengthen your case. If your ex-partner is alleging reasons why you should not have custody or visitation, such as concerns about your ability to care for her or issues of stability, you have the right to challenge these claims and present evidence to the contrary.

Navigating custody disputes can be emotionally challenging, but it's crucial to approach the situation with a clear understanding of your legal rights and responsibilities. Seeking legal advice from a qualified attorney who practices family law in California can provide you with personalized guidance based on the specifics of your situation. They can help you understand the legal process, prepare your case, and advocate for your rights as a parent. This can be essential in ensuring that the court considers all relevant factors and makes decisions that are in the best interests of your daughter.