How can my fiance gain physical custody if he already has legal custody? 4 Answers as of June 13, 2011

My fiance and I have been raising his daughter for 3 years and have legal custody. What does he need to do in order to get physical? Our parent plan states the mother is only responsible for her from Friday after school, to Sunday by 8pm, and him the remaining days. Does that mean we have physical custody already? If not, what does he need to do? She is threatening to take us to court and get full custody and place child support. Is that possible? She has no job and living with someone under their roof. Is she still able to get full custody?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
From what you write, your fiance' already has primary physical custody of his daughter. The facts that the child's mother is unemployed, and living with someone, are likely not relevant to an Order to Show Cause to modify Child Custody and Child Support. If she files an Order to Show Cause, your fiance' should promptly interview experienced Family Law Attorneys and retain one to represent him to oppose that Order to Show Cause.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
It sounds like your fiance already has primary physical custody of his daughter. The mother would not be able to change the custody without going to court and establishing that it is in the best interests of the child to change the present custody plan. If she does file an action with the court, you should seek the services of a family law attorney to assist you in your matter.
Answer Applies to: California
Replied: 6/13/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
While I cannot speak to your fiance's specific case, from what you tell me, it sounds like he already has physical custody. As for her threats, she is entitled to file for a modification of custody, visitation, and support, but that doesn't necessarily mean she will get her requests granted. If you are looking for an attorney and are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/13/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
He has custody of her the days the mother does not have her. If he goes to court then he can make it legal with a court order that will outline the days. Child support depends on each parent salary (gross) and how much time with each. She can ask for support.
Answer Applies to: California
Replied: 6/10/2011
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