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Mother sole/legal custody father custodien @ mothers discreation for visitation what are father's chances to hav temp cus?

Merced, CA |

mother arrested for 243 e1 she held sole/legal and still does father filed tro and fl-300 due to circumstances requesting temp order child custody sole/legal to father. mother has prior 243 e1 in history.father has not seen child since mother's release from custody.mother retreived child while paperwork fell in motion, father had to follow exisiting order upon mother's demand. for 4 months mother and child lived with father at fathers residence until mother's arrest.mother is sure to deny how long she lived w/ childs father. father filed fl-300 in motion w/ tro active

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Attorney answers 2


Given your situation as you described, I don't see how a domestic assault charge will have much affect on the custody of your child, unless the charge was based on an alleged offense against that child or another child.

Talk to a child custody attorney in your area as well as a criminal lawyer to deal with the charges.

By responding to questions on AVVO does not establish an attorney-client relationship between the questioner and Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


It is unclear from the facts if Mother is incarcerated currently. If she is then it is highly likely the court will allow your custody request if there are no other custodial limitations (i.e. drug use, violence, other factors that are not in the best interest of the child). Regardless of the facts, it is the responsibility of the court to make child custody and visitation orders that are in the best interest of the child. It is the court's first responsibility to protect the child and to keep the child safe. If your request for custody and/or visitation complies with these factors you may obtain your requested orders from the court.

DISCLAIMER: This answer and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should always seek competent counsel for advice on any legal matter.

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