How canI get sole custody of my 4 month-old child?

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How canI get sole custody of my 4 month-old child?

My ex-partner choked me 9 months ago and was taken by the police with misdemeanor charges, which were later dismissed by the court. He has a medical marijuana card and he’s always under the influence. He doesn’t work or go to school. He doesn’t help me financially or any other way. I go to school and have a safe environment for my daughter.

Asked on November 27, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

So I am assuming here that there is no "formal" custody order that has been issued by the Family Court, correct?  Then that is what you need to do: go to Family Court and get an order of custody.  He may fight you, you know, and generally speaking Courts like it better when parties agree to custodyand visitation.  They will also assumethat he has a right to both UNLESS you bring an application to have his visitation limited because of the prior acts and his condition or you seek to have his rights terminated. I think that you should seek some legal help here to decide your best and next step.  Good luck.


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