Legal Question in Family Law in California

My ex boyfriend, who is a correctional officer, has hired a lawyer to try and get joint custody and physical joint custody. We both live in different counties, he lives 2 hrs away. Our daughter is 3 yrs old and has live with me in this county for the last year. He has had 2 day visitations with her every weekend for the last year and has worked out fine. I want her physical custody so she could remain living with me and attend pre school with me next year. What are the chances of me getting her physical custody? Is there anything I can do to improve my chances since he has a lawyer and I don't?


Asked on 7/13/10, 4:17 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I cant give you alot of info regarding your case, because if i were your attorney, i would spend much more time with yourself than we have here. It sounds like you work at a day care center and plan for your daughter to be with you. If he tries to obtain more time, try to focus him on how he is going to care for his daughter and work at the same time. The courts prefer the children, in most cases, to spend time in the care of their parents. Having said that, it would be in your daughter's best interest to have as much time with her father as you can manage. The Court will be concerned about the child's best interests above all else. Giving your daughter time with her dad, according to some psychologists, will help her in dealing with men in general. Not just now, but also in the future. Keep this in mind when dealing with dad and the court.

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Answered on 7/13/10, 8:45 pm

Ms. Beers gives you good advice if you are going to represent yourself. I have to say, however, that I have never seen a pro per Family Law party get a fair result when up against an attorney for the other party. Between the technicalities of the law and procedures, the "club" atmosphere that local Family Law attorneys have with each other and the court, and the impatience of the court with pro per parties (who really do make a judge's life a lot harder), the pro per's get screwed every time unless both sides are pro per.

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Answered on 7/13/10, 11:34 pm


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