How can I get full custody of my daughter?

Asked about 1 year ago - Los Angeles, CA

I live in CA and my ex-wife in FL. My daughter is 5 years old and currently living with her mother. I get my daughter every summer for 2 months.

My ex-wife called me on the phone and sounded nervous. She asked if I received any phone calls from Children and Family. I asked her why? She was very vague and said she and her boyfriend (he lives with her) had a little argument and it got a little our of hand but that's it. I called Children and Family and found out they indeed had an argument, but they were both extremely drunk. My ex-wife even hit her boyfriend a few times and my daughter witnessed the whole thing. I asked Children and Family what happens now and they just said my ex-wife and her boyfriend agreed to go to counseling and they'll check up in a week. I told them I wanted my daug

Additional information

I told them I wanted my daughter out of there immediately, but they told me to go to court for that. I want full custody of my daughter, because I am sure this is not the first time something like this happens. My ex wife is a very aggressive person and I have hundreds of text messages from her insulting and degrading me.
After I talked to Children and Family I decided to do a little research and found a lot of pictures of my ex-wife and her boyfriend on facebook with alcohol in front of my daughter. I know for a fact her boyfriend is an alcoholic, because we used to be friends.
My question is what can I do to get full custody of my daughter? Will these pictures help? What else could be helpful in proving she's an unfit mother? Will the report from Children and Family help? Could I encourage my ex-wife's neighbors to call Children and Family if they see or hear anything? What about all the aggressive text messages she sends me, are they of any use too?

Attorney answers (3)

  1. Tiffany Nicole Romine


    Contributor Level 11


    Lawyers agree

    Answered . If you have a current custody/visitation order in place, you can petition the court for an order to modify the current custody arrangement. Any information that you have evidencing that the best interest of the child is best served by residing with you will be helpful to support your petition. This would include any police reports, Children Services reports, texts, pictures, etc. Because your daughter resides in FL, you will need to file your petition there so you should consult a FL family law attorney familiar with that state's laws.

    By posting on this site or answering/responding to questions does not create an attorney-client relationship and... more
  2. Abelardo Fernandez

    Contributor Level 11


    Lawyer agrees

    Answered . If the child still lives in Florida, custody has to be handled in that state.

  3. Maryam Atighechi

    Contributor Level 10

    Answered . You can always request a modification of orders. If the child lives in Florida it has to be handled there.

    Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 818-647-1152.... more

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