Legal Question in Family Law in California
I live in California. I have had sole physical custody of my daughters for three years- since my divorce. My ex has filed a motion requesting 50/50 custody. My girls live in a great environment and are doing well in school. Their father has never participated on a daily basis. He is also unemployed. Will the court consider his request?
1 Answer from Attorneys
Yes the court will. Regardless of your ex's situation, CA courts are under the assumption that it is better for the child to have both parents around, even if it means one party only gets a visitation right. Financial situation will be a factor but the court will consider in totality what is the best for the child. I would say a 50-50 is very likely. It would be harder for him to change custody if you had a court decree to give you the sole custody, not by stipulation or agreement upon divorce.
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