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?


Asked on 9/30/11, 10:49 am

4 Answers from Attorneys

Peter Tuann Law Office of Peter Tuann

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.

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Answered on 9/30/11, 10:55 am
Michael Schneider Family Law Center

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.

www.FamilyLawCalifornia.com

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Answered on 9/30/11, 1:00 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Mr. Schneider is correct.

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Answered on 10/03/11, 2:01 pm


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