Legal Question in Family Law in California

Can the father of my child receive 50% custody including overnights starting at birth? Also, is there a way for the mother to have full custody including holidays and the father only receiving visitation and no overnights?


Asked on 9/26/14, 10:03 am

1 Answer from Attorneys

Michael Hulshof Michael Hulshof

The key to any successful custody battle is a reasonable parenting plan. Reasonable parenting plan for a new born would likely be constant contact with both parents given the age. It is also reasonable, per say if you breast feed, to not have overnights initially. What is not reasonable is no holidays. Mediators and judges are often impressed with individuals that have a very thought out and reasonable parenting plan that looks to the best interest of the child. A parenting plan that has a built in step up in visitation to correlate with the child gets a bit older shows thought. Alternating holidays ( with the exception of mothers and fathers day) shows reasonableness. Now if opposing party is doing drugs, violent, has a domestic violence restraining order, etc. then you can go with the much more restrictive path.

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Answered on 10/21/14, 11:21 am


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