Legal Question in Family Law in California

please i want help

i agreed with my girlfriend to get married but in case of divorce we decided that person who will couse the divorce will abandon th childs to the other.. just in case she coused the divorce so how can i reserve my right's to custody the childs?? there's no agreement can we sign it now befor the marrage


Asked on 9/03/08, 2:10 pm

1 Answer from Attorneys
Cheryl Anne Woodard Cheryl Anne Woodard, Attorney at Law

Re: please i want help

Consider these ideas:

1. How will you know who caused the divorce? How will you prove it? California is a 'no-fault' divorce state.

2. Custody is determined based on what is best for the child. The person who wants a divorce [caused it], may be the best parent to have custody of the child.

3. In a divorce case the Court has the power to decide custody issues--award custody in accord with the best interests of the child. An agreement that is contrary to what is best for the child probably will not be enforced.

3. Neither parent has 'rights to the child' as if a child is a piece of property.

4. You might make an agreement, but understand that a court might also set the agreement aside.

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Answered on 9/04/08, 3:54 pm


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