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What does a judge consider evidence for a parent to have legal custody?

Chico, CA |

I have had legal/physical custody of my child for three years. his dad has been absent for the last two years, no child support no phone call no visitaion. no nothing. I have been the one to put effort in in letting him know of my childs well being. we went to mediation, mediation said i still need to have sole physical and sole legal custody, he didnt agree we went to trial. in the trial the judge granted him joint legal custody. I DONT KNOW WHAT TO SAY when i make my appeal to change the judges mind. he didnt listen to me in court. he DID listen to my ex when he ranted on about how he KNOWS he hasnt been around, he HAS a criminal background, and hes cleaned up now so NOW he wants to be part of my sons life. I have done nothing wrong, always been the one raising my son.

Attorney Answers 2


  1. Best answer

    Did the Judge make any specific orders about what legal custody matters you have to agree on?
    Keep track of the decisions that are being made and what the father's help, input, or disagreement is in each instance. If joint legal custody isn't working or best for your child you can ask that it be changed.


  2. The judge only gave him joint legal custody, right? Don't you still have physical custody? And keep in mind that when a judge seems to listen to one party, the judge is most likely letting that party bury himself. It's a good thing if he now wants to be a part of your son's life. It's very good for your son. Keep an eye on things to make sure that he earns the right to be a part of your son's life.

    I can be reached at 714-442-1522 if you have further questions. Before accepting any answer as a final answer, you should have your case reviewed by an attorney. No attorney on Avvo has read your paperwork and therefore cannot give a completely valid answer suited to your case.

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