Legal Question in Family Law in California

Ex-Husband trying to change visitation/custody

For 4 years, I have had Full Physical Custody of our 2 children (Both under age 8). Visitation was never specified- just on a case by case basis. For 3 1/2 years visitation has been sporatic- with them NEVER spending the night at his home because he did not live at a place where he could have the kids. He finally got a place to live (after 3 1/2 years) and for the last 8 months, I have allowed him to see the children every Wed night and every other weekend WITHOUT court order, but because I thought it would be good for our children to have some consitency and build a relationship with dad. Now- he wants 50/50 visitation and Joint Physical custody. He has no basis for claiming I am a bad mother and he is not a bad parent- I do not want to slander him at all. But what are the odds of him getting 50/50 and joint physical?


Asked on 8/14/07, 2:07 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Ex-Husband trying to change visitation/custody

Custody is awarded based upon the best interest of the children. Rarely is an unfit or bad parent an issue. There is no way to give you "odds" on whether the current arrangement will change. You should talk to a family law attorney who handles custody matters in the county where your case is filed. He can give you some ideas and suggestions and help you come to the best solutions for your kids. Good Luck, Pat McCrary

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Answered on 8/14/07, 11:04 am


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