Legal Question in Family Law in California

Physical Custody of a Minor Child

My husband moved out 7 months ago and filed for divorce. We share an now 11 month old who lives with me and sees his father perhaps once a week. His father doesn't want to pay child support, so is requesting full joint physical custody with full intent to allow the minor to remain to live with me full time and see him on a limited part-time basis. He has no residence of his own and nowhere for the minor to stay during his visits. I want full physical custody with open visitation as his father's schedule is unreliable and inconsistent. He cannot committ to a visit until the day prior and is often out of town for extended periods of time. How do I go about getting full physical custody?


Asked on 12/29/06, 1:34 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Physical Custody of a Minor Child

You need to file a motion to establish child sharing orders and child support. Support is not based upon "joint custody" but is based upon the percent of time the child spends with each of you. Even the term physical custody is not important and many times the court does not make an award of "physical custody" but establishes a child sharing schedule. To determine what is best for you and the child you should consult a child custody attorney. Good Luck, Pat McCrary

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Answered on 12/29/06, 2:21 pm


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