Can i get custody of my daughter if i cant prove her dad unfit? 2 Answers as of May 17, 2011

My boyfriend and I broke up, we have a 4 month old together; she was born in Nevada (which is where the dad lives). I've moved to california since we broke up last week, he signed a notarized paper consenting to me leaving the state. But I don't want him to be able to keep her for weeks at a time in nevada. Is there a way to get guardianship/custody of her if he isn't unfit. He works, has his own home, a car, and doesn't do anything questionable. I live with my mom now and don't have a car. Will that affect me in trying to get custody? Also, since she was born in nevada, would i need to file there? Even though I plan to live in CA.

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Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If there is nothing wrong with him, you might not be able to keep the kids from him. You have to file where the kids have lived the major part of the six months immediately prior to filing.
Answer Applies to: California
Replied: 5/17/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
First off, you cannot get a guardianship to prevent him from having custodial time. An order in family court can be established to limit your child's contact with the child to California visits, but I don't believe that this is likely. Your lack of a car will not harm you, but it will likely require him to provide more assistance for transportation during the visits. As for where to file, once you and your child have been here for six months, you can file a case here. Until then, it would need to be filed in Nevada. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/17/2011
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