Legal Question in Family Law in California
Primary Physical Custody
My 3 year old daughter's father and I have not been together for a little over a year, we were never married. During the course of the year, she is primarily with me at nights except for every other weekend. He has been with her during the week day while I am work until two weeks ago when he finally got a job. The problem is, he feels the time with her should be split 50/50, and he wants to split the week so that she will be spending part of the week at his house. I don't believe that is healthy for the child, and I feel that my daugher should be with her mom. He feels that if we were to go to court, he would win because he makes more money now that he has a job, and since his parents will always be there to watch her when he's at work. I too also have my parents to watch her when I'm at work. I do not want to deny him visitation rights or his right to see her, but I do feel as her mother, that she should be with her mother. So if I file for primary physical custody, what are the chances that I be awarded?
1 Answer from Attorneys
Reply: Primary Physical Custody
It is not about which parent makes more money. It is about the best interests of the child. The Court will consider the parenting plan that parents established for their children in the past, before they asked a judge to decide that issue for them. You are better off making an agreement with the other parent than turning the decision making power over to a judge who does not really know you or your child.
I suggest that you 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
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
