Legal Question in Family Law in California
Final question for a peaceful divorce
Husband and wife with 2 kids living separately but never filed any papers of separation or divorce have agreed to end the marriage. Husband has been caring solely for the kids for 3 years and wife has been absent for a great majority of the time. Wife, in many people's opinion, is a questionable mother except no legal record of such behavior is on file. Recently, when talks for finalizing divorce were announced, wife started taking more of an interest in the kids and wants joint custody with husband getting primary physical custody. Husband would like full physical custody of the kids and share joint legal, but he is not sure he will win if it goes to court. Should the husband even attempt trying for full physical custody, or just take the primary care custody and joint legal?
3 Answers from Attorneys
Re: Final question for a peaceful divorce
I can never understand why such important matters are not discussed directly with counsel that may represent you. Based on all you've said, it appears you'll get what you want. The court will likely not place her out of the picture. Work with it and an attorney and things may fall into place for you and your kids.
Re: Final question for a peaceful divorce
There are several issues to be considdered. I suggest that he consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Final question for a peaceful divorce
The terms joint legal custody and primary physical custody mean many different things to many different people, none of which are the meaning that the law will give to those terms. There is no legal term of "full physical custody". Father should talk to a Family Law Attorney who can advise him of the meaning of the terms and the rights and obligations of both parents. Good Luck, Pat McCrary
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