If my son has been with me for 8 years can his dad get custody of him

Asked about 1 year ago - Napa, CA

after his dad heard about my son telling the therapist his dad hits him. He is now filled for sole custody because my son has a problem with acting out.

Attorney answers (3)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

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    Lawyer agrees

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    Answered . Yes, he can. You need to draft a Responsive Declaration setting forth the reasons why you don't think visitation is appropriate. Better yet, you should consult with an experienced family law attorney to help you draft your declaration and represent you in court. I am including a link to the form you will need to fill out. Make sure you file and serve your Responsive Declaration 9 court days before the hearing. Good luck.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the... more
  2. Nicole Nuzzo

    Contributor Level 8

    Answered . It is not clear whether Dad is seeking sole legal and/or physical custody. I agree with counsel. You should seek the advise of an attorney.

    In the responsive declaration you file, make sure you focus on explaining to the court what is in the best interest of your son. Remember that California public policy is in favor of frequent and continuing contact between a child and both parents.

    if you have a final custody order, Dad will need to show a substantial change in circumstances to request a change in custody. Explain why there is not a change of circumstances in your response.

    Review the following:
    http://www.courts.ca.gov/1186.htm
    http://www.courts.ca.gov/17975.htm
    http://www.courts.ca.gov/1187.htm

    This is a general response to your question based on the facts provided. This response is for information only... more
  3. Paula Brown Sinclair

    Contributor Level 20

    Answered . Yes, theoretically he CAN, but what you really want to know is whether that result is realistically possible. In this forum we can't even guess at such an answer with the very limited information you have disclosed.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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