How can a husband get custody of his daughter? 21 Answers as of June 13, 2011

What does my husband need to do to gain custody of his daughter, he has a court date to get her legitimized and it is non-contested.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
I assume from your question that your husband or his attorney filed a Paternity case (under the Uniform Parenting Act) seeking a Judgment that he is the father of his daughter. If my assumption is correct,in Section 8 of his Petition to Establish Parental Relationship, he should have requested custody and visitation, and attached a Declaration providing facts in support of his requested custody and visitation orders. If his case is set for trial, or hearing on Order to Show Cause, and the mother was served but didn't respond, he should come to the trial or hearing prepared to testify, and I would anticipate that the Court would make custody and/or visitation orders at that trial or hearing. If the mother comes to the hearing and tries to testify, your husband should object to her testifying if she didn't respond to his Petition or his Order to Show Cause -but be aware that notwithstanding your objection, the Judicial Officer mayor may not allow her to testify, in his/her exercise of discretion on those important issues.
Answer Applies to: California
Replied: 6/13/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
In Washington State, the court will enter a parenting plan./residential schedule in the child's best interests.
Answer Applies to: Washington
Replied: 6/13/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Your question leads me to believe there is a Petition to Establish Paternity. If paternity is true, then he can file a custody suit (do it inside the current proceedings) and proceed just like any other parent. If this matter is in the AG Court (the Attorney General - Child Support Division) is filing, then object to the associate judge and take the case to the district judge and do that as soon as the paternity test is complete and the results back - assuming the paternity is true).
Answer Applies to: Texas
Replied: 6/13/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
Who has custody of her now? Why would they not contest relinquishing custody? In Ohio, custody issues are the jurisdiction of either the domestic relations court or the juvenile court. This is unlikely to be something your husband can do without the assistance of an attorney. Please consult a local domestic relations attorney.
Answer Applies to: Ohio
Replied: 6/10/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
He needs to prove that he is a fit and proper person to care for the child and it is in the best interest of the child to reside with the father. I highly recommend you hire an attorney to protect his rights. We offer free consultations here at the Fox Law Firm, LLC and would help fight for his rights and obtaining his daughter. Call today.
Answer Applies to: Illinois
Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Custody decisions are made based on what a court deems to be in the best interests of the child. Any case is fact centric. That means developing strategies to litigate a custody case takes time, effort and a review of the relevant facts of the case. There is no secret formula to winning custody. Instead you should retain an aggressive and experienced attorney who understands issues related to custody and father's rights. We can assist you in that regard.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    It sounds like your husband filed a paternity action. He should have also requested custody, parenting time and support. If he has not requested those rights, he will need to amend his paternity complaint.
    Answer Applies to: Arizona
    Replied: 6/10/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If he has a court date, I would strongly suggest retaining counsel to assist, as the results of that hearing could have a lasting impact on the rest of his and his daughter's life. During a consultation, the particular facts of his situation and that of his daughter and the mother could be discussed and his likelihood of obtaining primary physical custody and/or the steps necessary to help this occur could be determined. There are too many factors that go into the consideration of what living arrangement is in the child's best interest to adequately discuss them here, especially without knowing anything about the circumstances of the case. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.
    Answer Applies to: Florida
    Replied: 6/10/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You don't give enough information, but it sounds like he has filed a paternity case. That doesn't automatically involve "custody" issues, but he can file a motion in that case to adopt a Parenting Plan that will establish parental responsibilities (Colo no longer uses the term custody) for primary residence, decision-making, parenting time with each parent, and financial obligations. The parenting questions will be decided by a judge based on the best interests of the child if the parents cannot agree on a parenting plan.
    Answer Applies to: Colorado
    Replied: 6/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    There is not enough information in your question to tell exactly what is going on. I would suggest your husband talk to an attorney about the situation and what he hopes to do. If he is currently involved in a case in Washington State regarding the daughter, then I would presume it will involve the establishment of a parenting plan. If the mother contests a request for the child to live with him, then he would need to take the issue to trial. If the child is currently living with the mother, he may have to demonstrate why continuing to live with the mother would not be good for the child.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Every state has different considerations when it comes to getting custody. There is also different categories of custody legal, and physical. Further, don't forget to get final decision making power.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    To obtain legal custody of a child, a parent must file a petition for custody with the court. If the court has already entered a custody order regarding the child, then the parent must file a motion to modify child custody. Usually this occurs in the county where the child resides. The court awards custody based upon the "best interests" of the child, so if he has been actively involved in the child's life and can provide a stable, secure home, his chances of being awarded custody are improved.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    The simple, straight answer is that you should retain an attorney to help you prepare for court. Good luck!
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    I am not sure I understand your question. What do you mean by legitimized? Generally, a person has primary residence (is this what you are referring to by "custody"?) by agreement or after a court hearing. There are many criteria that are considered in determining who would have primary residence. I would suggest that your husband consult an attorney.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Your question is not answerable. What on earth does "legitimized' mean? You used a term that is not applicable to any aspect of any possible action regarding custody and visitation of a child, whether the issue of a marriage or from a non-married couple, and do not provide enough background facts to understand if this is anything more than a simple custody and visitation Order to Show Cause. Call an experienced, local Family Law Attorney in your jurisdiction (County), or schedule an appointment with the Family Law Facilitator in your local court house, if one is available in your County.
    Answer Applies to: California
    Replied: 6/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Show that the child's best interest is to be with the father, typically by showing the mother is unfit. The most common way is to prove alcohol or drug abuse. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington his access to the child is set forth in a parenting plan. He needs to ask the court to put a parenting plan in place. The court will probably give primary caretaking responsibility to the person who has the closest relationship and who has performed the most parenting functions. Is that your husband?
    Answer Applies to: Washington
    Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    File a motion for custody and visitation. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/9/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If there is a case pending, the best thing to do is have a consultation with an attorney, show them the file, discuss your goals, and decide the best course of action, and retain the attorney to help you through the legal process.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If he has a court date, it IS likely considered contested. If he has filed a legitimization and does not know what happens in court, he can expect to have things go wrong. He should already have a lawyer. Since he has made that mistake, he needs to fix it by getting a lawyer now.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    File a motion for custody if he feels he has a basis.
    Answer Applies to: Connecticut
    Replied: 6/9/2011
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