HOW CAN MY HUSBAND GET CUSTODY OF HIS DAUGHTER?

QUESTION: How can my husband get custody of his daughter?
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

MY RESPONSE: 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 may or may not allow her to testify, in his/her exercise of discretion on those important issues.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |