Legal Question in Family Law in California

child custody

the divorce paper states: Petitioner/him, respondent/me have joint legal care, custody and control over child (9yr old) with primary care & custody awarded to him/father. My son's visit this summer ened up, at present, with father asking me to keep my son, he has no home or job at present until time he saves money. I want this badly. I'm living with & taking care of my elderly father he will not let my son live with us. I am getting my own home etc w/son, can his father then change his mind in time and insist son's returning to him. Do I have a legal foot to stand on?


Asked on 8/08/07, 4:44 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: child custody

"Primary" custody does not mean anything regarding how much time one has custody of a child. It is quite possible the the parent with primary custody has the child a minimal amount of time. In unusual circumstances it could create other problems (i.e. if the child is taken into custody of child services). You may bring a motion to modify child custody to get the an order giving you the specific time you need and terminate the language "primary".

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Answered on 8/09/07, 8:13 pm


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