My question involves a child custody case from the State of: California
My child is 7 years old and I have never filed a custody order with the court.
When she was born I was terrified and paid for a very expensive lawyer to help me with establishing custody of my child.
My daughter's biological dad has schizophrenia and is not able to care for her. After a paternity test proved he was the biological father, between our lawyers we agreed that I would have sole legal and physical custody while he was allowed supervised visitation every other week for two hours. However, his name is not on the birth certificate seeing as we were never married. I didn't realize I was supposed to file anything with the court, so I never did.
The first year and a half he did not come often, but after she turned 2 he came pretty regularly until about a year ago.
As she has gotten older, she noticed his odd behaviors and we have told her that he has a disease called schizophrenia. He was not coming to visit her aand I think the explanation helped her understand why.
He has not seen her in over 8 months now, he calls occasionally but I do not let her listen to the messages or talk to him negate he days bizarre things or promises her things that he can't folow through with. (IE, he will tell her he's coming over to bring her ice cream or that he's taking her surfing or to Disneyland) he also says odd things and it freaks her out a bit.
She never mentions him at all. She hasn't seen him in 8 months and she just doesn't bring him up. She talks about his family and they have stayed in some contact.
She calls my soon to be husband (in two months) daddy and she absolutely adores him as does he.
I want to have her last name changed (she has my maiden name) and i would like to file with the court a custody order. I'm just afraid to go to court and see something Happen that is not best for her. I want sole legal and physical custody with reasonable visitation for him Since he doesn't even make his twice a month visits anymore.
I'm considering having my fiance adopt her once we are married, but she does get social security for his disability which helps pay for schooling and gymnastics, money isn't an issue but it does help. It's not a deciding factor.
I just don't know which route to take and I'm afraid to make any moves in case his family tries to get more than he has now since we don't have any record of an agreement. His sister is a family lawyer, and I really like her and respect her, but when it comes down to it they probably only have his interest at heart.
What should I do? What is the best legal route to take in order to have something filed with the court and completely legit?
My child is 7 years old and I have never filed a custody order with the court.
When she was born I was terrified and paid for a very expensive lawyer to help me with establishing custody of my child.
My daughter's biological dad has schizophrenia and is not able to care for her. After a paternity test proved he was the biological father, between our lawyers we agreed that I would have sole legal and physical custody while he was allowed supervised visitation every other week for two hours. However, his name is not on the birth certificate seeing as we were never married. I didn't realize I was supposed to file anything with the court, so I never did.
The first year and a half he did not come often, but after she turned 2 he came pretty regularly until about a year ago.
As she has gotten older, she noticed his odd behaviors and we have told her that he has a disease called schizophrenia. He was not coming to visit her aand I think the explanation helped her understand why.
He has not seen her in over 8 months now, he calls occasionally but I do not let her listen to the messages or talk to him negate he days bizarre things or promises her things that he can't folow through with. (IE, he will tell her he's coming over to bring her ice cream or that he's taking her surfing or to Disneyland) he also says odd things and it freaks her out a bit.
She never mentions him at all. She hasn't seen him in 8 months and she just doesn't bring him up. She talks about his family and they have stayed in some contact.
She calls my soon to be husband (in two months) daddy and she absolutely adores him as does he.
I want to have her last name changed (she has my maiden name) and i would like to file with the court a custody order. I'm just afraid to go to court and see something Happen that is not best for her. I want sole legal and physical custody with reasonable visitation for him Since he doesn't even make his twice a month visits anymore.
I'm considering having my fiance adopt her once we are married, but she does get social security for his disability which helps pay for schooling and gymnastics, money isn't an issue but it does help. It's not a deciding factor.
I just don't know which route to take and I'm afraid to make any moves in case his family tries to get more than he has now since we don't have any record of an agreement. His sister is a family lawyer, and I really like her and respect her, but when it comes down to it they probably only have his interest at heart.
What should I do? What is the best legal route to take in order to have something filed with the court and completely legit?
Establishing an Order: I Never Filed with the Court
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