Legal Question in Family Law in California

custody of minor children.

I am a father of two boys age 16 and 10 who will be moving out again due to strained relationship w their mother. Over the course of these past years as a general rule when it was time to go the children stayed w mom. At no time, in the courese of 16 years, has she ever kept those boys from me, on the other hand she loves to threaten action, with no recourse ever taken. Heres the problem! I (dad) am about to go once again and both boys want to go with dad, in which case is not a problem on my end, but rest assured their mother will kick scratch and scream al the way. In the 16 years we've been together (off and on), we never sought any court advice, we've worked it out between us. Also we have never been married, if makes a difference. there is no denying these two boys being my children as the resemblance is extremely strong. Never the less the 16 year old would like to be with me as well as ten year old. Now im in the dark as far as am i gonna have to go to court and file paperwork , for Joint custody? Or can he make the decision for himself to stay with me as ive said there isnt any court order where custody is concerned. thank you to whomever for your time and patienece with this question!! sincerely, steve


Asked on 2/26/07, 7:36 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: custody of minor children.

She kicks, scratches and screams because you don't seek a neutral opinion and she has been controlling the situation with her emotion. The sixteen year old is old enough to have substantial input into where he will live. The ten year old will have input, but not as substantial. The court will generally not want to split up siblings. Those are factors that the court will consider. I would suggest that you have a strong probablility of having primary physical custody of the children, but they will be spending a substantial amount of time with mother. Get a consultation with a custody attorney before you make the move. It will save you much grief. Good Luck, Pat McCrary

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Answered on 2/27/07, 11:07 am


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