Legal Question in Family Law in California

what can be expected?

I plan to file for divorce and will seek full joint legal and physical custody of our one year old son. My wife has made it clear that I she will seek an 80/20 arrangement. This is unacceptable since I have been primary caretaker of the child since he was born. Since before the child was born and many times after, my wife has threatened to take the child away from me and seems to be only interested in getting as much child support as possible. What can I do to ensure custody/ visitation after I Ieave the home and until the court establishes custody? Also, can her previous statements be used to help increase my chances for joint legal and physical custody? Can anyone refer me to a local attorney who will take my case and establish a payment plan?


Asked on 6/22/01, 12:13 pm

4 Answers from Attorneys

Adam Gurley Law Offices of Adam N. Gurley

Re: what can be expected?

Courts are very reluctant to change the Status Quo. Do not move out of the house until you have established custody and visitation. The process for this varies from county to county. If you in the Bay Area, you can call me.

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Answered on 7/02/01, 3:12 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: what can be expected?

I specialize in father's rights in custody battles. Please call me directly at (619) 222-3504.

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Answered on 7/06/01, 12:12 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: what can be expected?

Good planning and a good attorney are essential. Document and record the time you spend with the child and the type of "caretaking" that you do. Consult an attorney immediately to start planning. Mother's still get primary custody the majority of the time, but it is not unusual for the father to get primary custody. Unless either of you are abusers, you will have joint legal custody and will share time with the child. The court will attempt to leave the parent who has been the primary caretaker as the primary caretaker after the dissolution, but you have to prove that you were the primary caretaker, not an easy task, since your case is in the minority. Good Luck, Pat McCrary

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Answered on 7/03/01, 10:32 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: what can be expected?

First Off, I am a Southern California attorney. My law office does do payment plans. Our website is at http://www.norman-law.com

You can call for a free consultation.

Now as far as the facts of your case. If you want custody, do not leave the child in the mothers care and move out!! I am not saying you will not get custody based on the fact that you state you have been the primary care taker, what I am saying is that the Court likes to maintain Status Quo!! If the child is in the mothers custody after you move out, and until an order is entered. The Court will not take custody away from the mother unless you can make a very strong showing that it is in the minor's best interest to be with you!!

I recommend sticking it out, hiring an attorney, doing an immediate OSC for custody, hopefully getting custody, then moving out!!

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Answered on 7/02/01, 1:18 pm


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