Legal Question in Family Law in California
custody rights before divorce
Hello, I have recently physically separated with my husband and have filed for divorce in the last week. I would like to know if I have 100% custody rights over our child until the judgement/decree is issued. How are custody rights determined in this temporary stage of waiting for paperwork to be signed and/or contested? What is the default situation until we go to court? The child is 2 years old and I am worried that he is confused/not willing to spend nights over his dad's house.
2 Answers from Attorneys
Re: custody rights before divorce
You must file an Order to Show Cause (motion) for temporary custody. The court will provide mediation and make temporary orders. You can expain to the mediator why you are requesting no overnight visits but unless there is some extraordinary problem father will be given overnight visits with perhaps some short faze in before they begin.
Re: custody rights before divorce
This is a good time to talk to an attorney about your concerns and how to best address them. Once custody and visitation orders are obtained, they set the status quo and can be difficult to change. It is vital to understand the possible future ramifications of choices you make now.
Good luck!
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