How do I get a full custody for my daughter? 5 Answers as of February 02, 2012

I have always physically had custody of my daughter. Her bio father never really wanted anything to do with her. He and I live in different states, and neither of us live in the state she was born. He is also not on her birth certificate, my husband is. However I found out my ex never really signed over his rights. So I was wondering how I go about getting legal custody of her?

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McCallum & McCallum | Barbara Eiland McCallum
Without more information, how many years since divorce, and whether he has kept in contact with your daughter, telephone calls, greeting cards etc. If it has been a long time at least one year, your best bet might be not to rock the boat. You are her Mother therefore you have legal custody. If it has been more than three years, there is a presumption that he isn't the Father, if your current husband is on the birth certificate.
Answer Applies to: California
Replied: 2/2/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Signing over rights to a child is a common misconception that many people have. The law does not have provision to sign over rights - other than in a stepparent adoption. If the bio father isn't trying to exercise custodial rights, you would likely be best off leaving a sleeping dog lie. You already have "de facto" custody of your daughter. The bio father isn't in her life. Why stir things up.
Answer Applies to: California
Replied: 2/2/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If you want to have legal custody, you need to file a lawsuit to establish paternity and seek sole legal custody.
Answer Applies to: California
Replied: 2/2/2012
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Being in different states is ok. Parents go thru the effort to see their kids no matter how far. Being in the state where she was born is not important either. The birth certificate is not a legal document and like you did, mother can put anyone on the BC. Your Ex (is that ex from a divorce?) never signed away his rights?? He is the father until someone adopts your child and that person can be the parent. Signing away rights does not make your boyfriend the father. Or did you already know that? If you start a court case for custody and get full custody. Is the father trying to come back into the child's life? You did not say how old your daughter is. That is important and when was the last time her father saw her or spent time with her? Hope that helps.
Answer Applies to: California
Replied: 2/2/2012
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
You need to get an attorney. The you file for a Step Parent Adoption and a Petition to terminate the parental rights of the biological father.
Answer Applies to: California
Replied: 2/1/2012
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