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

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


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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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 bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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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:

This is a general response to your question based on the facts provided. This response is for information only and does not constitute legal advice. This communication does not constitute, nor does it create, an attorney-client relationship

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