Legal Question in Family Law in California

Child Custody Case

I have an 18-month-old son from a

lady after a three week relationship. I

had to go to court to get visitation.

Well today we went to mediation and

she continues to make the same

claims:

1. My child is not kept on his daily

schedule

2. He comes home acting wild and

out of control

3. He won�t sleep at night or goes

to sleep too early because I didn�t

give him a proper nap

4. The list goes on�

I live with my parents and our son is

in a loving, safe, home where we

structure the two days that I have

him around his whole eating, napping

and play time schedule. He gets the

best care from my expended family

unit. My son is well behave, easy

going, he knows his routine and is

rather cooperative with his daily

activities.

Is it common for women to say that

a father is not taking proper care of

their child so the court will not grant

them 50/50 custody? As I want

50/50 custody of our 18-month-old-

son.

How should I handle this?


Asked on 4/23/08, 7:33 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Child Custody Case

Have your parents write declarations as to their observations about your care for the child. The child's mother can make all the claims she wants, but she cannot prove that you're doing anything wrong if you're not. Maybe the child is out of control because she doesn't provide a stable environment.

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Answered on 4/23/08, 11:59 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child Custody Case

Yes, we see this all the time. You have grounds for possible parental alienation. She's supposed to help him settle down when he gets home, not try to interfere with your visitation.

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Answered on 4/23/08, 7:41 pm


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