Legal Question in Family Law in California

Hi. I live in California and am a father of fraternal twin boys (13yrs old, amost 14 yrs old next month). I divorced 3yrs ago have 21% custody while their mother has 79%. At that time, the court stated I get my boys every Wed. and every other weekend. For the past year, I've had my boys every Friday evening from 6pm to Monday 8am when I drop them off at school. I give them lunch money as well. More recently, I've been taking them to get their haircuts since their mother never gets around to it even though they ask her to take them. Since June 15th of this year when summer started and school was out, I've had them with me every day, except for a two day visit they had with their mother. I just dropped them off today even thought they really didn't want to go back with her.

Question 1: What are my chances of getting more custody of them since there is a track record (undocumented) of them spending way more time with me than the court order and what percentage custody should I ask for?


Asked on 7/14/10, 9:57 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

I would suggest that your chances of increasing your time are excellent, particularly since are already seeing them more. While you may not have documentation, the boys can be interviewed by a court mediator and can confirm the additional time, if the mother disputes that fact. Of course, your chances are increased with an experienced attorney, but you may try to file on your own. Good Luck, Pat McCrary

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Answered on 7/15/10, 8:48 am

I agree with Pat. When the custody schedule in fact has changed and it is working well, it is common for the court to formalize that change, even over the objections of the other parent. There are no guarantees, but if the kids want it that way, and it's been working well, there's about as good a chance as you get in Family Court of having the predicted outcome occur. As for what percentage to ask for, you shouldn't ask for a percentage. You should ask for a schedule that works best for the kids. Then once the schedule is set, the percentage is calculated from it.

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Answered on 7/15/10, 11:44 am


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