[MyBabyandMe]

How do I obtain full custody of my daughter. My daughter (10 weeks of age) and I live in California, and the father lives in Georgia. He had no interest in my pregnancy until the day of birth, and pays no child support. Only pays what he wants when he wants too. He and his sister forced their last name on her birth certificate by making a scene in the hospital, but it is hyphened with my name last. I have been advised by a case manager to get full legal custody and was wondering how to go about it.

[cadillac59]

What do you mean by "full custody"? That's not a legal term.

Do you mean you want the dad never to see the child? Do you mean you want parental rights terminated (which you are not going to get incidentally); or do you mean you want sole decision making authority regarding the health, education and welfare of the child? You have to define your terms; otherwise, no one knows what you are talking about.

[MyBabyandMe]

Thank you for your response. I was asked if I had full custody by a case manager. As far as I am concerned, I do. The father is a bum. He doesn't even try. He ownes his own business and does well but won't help us out. I'm not going to be mean and not let him see her, but I would like to have sole decision making regarding the health, education, and welfare of my child. I don't know about legal term or non legal term. All I know is I was asked a question and I am trying to find an answer. I suppose a lawyer would work.

[ScottGem]

The bottomline is you need to go to court. You should be asking for full LEGAL and PHYSICAL custody and for child support.

However, the odds are you won't get full LEGAL custody if he fights it.

[cadillac59]

You have to go to mediation, by law, before the court can make a decision on custody or visitation if you and your co-parent cannot agree. So, you need to: 1) File a case with the court to establish paternity and, 2) with it file a motion for custody and visitation. You are sent to mediation (the way it is done varies from county-to-county) either before or the same day as the court hearing. Tell the mediator you want sole legal and physical custody, say why, and see what happens. Some California counties are what we call "recommending" counties and others are "confidential" counties (the big counties with the big cities--LA, SF, tend to be confidential counties, the smaller rural ones are typically recommending counties). In the recommending counties the mediators make recommendations to the judges on custody/visitation as a result of mediation-- in the confidential counties they do not. The final decision is, of course, the judge's call.

That's the overview in California. I'm assuming you've lived in California with the child for 6 months or more or since the child was born if the child is under 6 months? Correct? If not, let us know where you've lived over the last few years.

[MyBabyandMe]

Yes my daughter and I have lived in California since before she was born. The father lives in Georgia.

[MyBabyandMe]

Thank you for your time cadillac59 and ScottGem. I'll take it to court.