Legal Question in Family Law in California
I want to get a divorce and want custody of my daughter. I left my home with my daughter, after I was caught having an affair and my husband hit, choked and pulled my hair out. He says he will get custody if I leave him is that true?
4 Answers from Attorneys
No, he won't get custody just because you left him, but if he is the father, he will get visitation, every other weekend, once a week usually on Wednesdays.
Not at all true. There is no "normal" order at all. Each case in family court is handled differently. No one size fits all since all situations are different.
If he choked you and pulled your hair out, that could be the basis of a Domestic Violence Restraining Order. If granted, there are certain presumptions that attache regarding his visits. You very much need to seek out competent local legal counsel that only practices family law.
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Mr. Schneider is correct.