How can I have custody of my daughter changed?

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How can I have custody of my daughter changed?

I am a stable father who has been in his daughters life from the beginning. My daughter is 3 years old and I currently have 50% legal and 38% joint custody. The court advised me when I go back in 2 months they want to give me 50% joint custody for best interest of child. I was okay with this however I just found out that my daughter’s mom who was remarried, separated from her husband 1 year ago and there is divorce paperwork filed. My daughter’s mom has been lying to me saying they are still together and has been mentally abusing my 3 year old daughter by making her lie to her own father. I have seen my daughter in tears and go through all kinds of pain as she has been forced to lie to me over the last year. Is this enough to get over 50%?

Asked on October 26, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you want to have a greater percentage of custody concerning your daughter based upon what you have written, I suggest that you consult with a family law attorney to discuss the circumstances, discuss your legal options and the chances of a successful petition to change child custody if your daughter's mother refuses to sign a stipulation allowing increased custody approved by a court order.


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