Legal Question in Family Law in California
Gaining primary custody
I want to gain primary custody of my son, who is now 7. Currently, I have 50% legal, and visitation rights on the weekends and pay child support regularly. This was established by the courts in Yuba County shortly after he was born. His mother and I were never married. His mother does nothing illegal, but I honestly feel he is better off with me and the environment I can provide him. She just does not hold his interests above her own - and I cant sit by idly while he is placed 2nd. I dont care if I continue paying the same child support, I just want my son to have the best I can offer him. How realistic is this? (she will never agree to this). I have seen first hand how fathers are given the short end of the stick in custody hearings - so I am looking for what I need to prove to have this changed. Can you please provide me with some tangible guidance (something more than ''find an attorney'' would be so appreciated)?
2 Answers from Attorneys
Re: Gaining primary custody
You will need more than your belief that you can provide a better environment than his mother. Go to school and get as much information as you can. Your best chance of getting a change is to provide information that he is not performing up to his potential in school, or there is some other area in which he would do better with you.
Re: Gaining primary custody
You should file a motion to modify custody. That would be your first step. You will get sent to mediation and then a trial if you do not agree on a new agreement.
Good luck.
As always consult a qualified attorney in your area before proceeding.
Law Offices of James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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