Legal Question in Family Law in California

I want to file for Divorce, She told me to leave our house about 6 weeks ago and have a verbal agreement with my wife for child support and visitations, I have my daughter every other Saturday and Sunday and visit her on Tuesdays and Thursdays but now she will leave with my daughter on the days I'm supposed to visit her and tells me that I have to call her a day in advance if I want to see my daughter, we currently agreed to $500 per month child support and we would pay have of the child care bill $160 each, I pay for the baby's food, clothing and Medical. I want to file for divorce and have 50/50 custody, what are my chances and how do I file? what are my rights?


Asked on 10/28/10, 6:12 pm

1 Answer from Attorneys

Custody is decided on a case-by-case basis, so it is impossible even to discuss options without knowing all the family facts and circumstances, much less tell you what your chances are of 50/50 custody. As for "what are my rights?" there is an entire Family Code, plus some related provisions in other Codes, and then a whole lot of case law interpreting those Codes that tell you what your rights are. So there is no way to answer that question here. As for how you file, you have two choices. The first is to find a local attorney to help you. The other is to pick up a copy of How to Do Your Own Divorce in California, published by Nolo Press, read through it, and then make an appointment with the Family Law Facilitator at your local Superior Court's Family Court division. The book outlines how to do things generally and provides most of the forms you will need. The Family Law Facilitator can help you fill out the forms and guide you through the local rules and procedures that are specific to your county's Family Court.

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Answered on 11/03/10, 9:36 am


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