Legal Question in Family Law in California
My question is regarding a child custody dispute in Nothern California. I am a father representing myself and so far I have joint physical custody (she tried to get sole physical and I had to fight for what I have) and I have approximately 30% physical custody right now. We have a temporary custody order and I am negotiating with my ex's attorney to sign off on dissolution and custody forms to be made permanent with the court. There are 2 major issues which make me reluctant to sign off, and they are that the form states "Primary Custody to Petitioner" (my to be ex wife) and also we did not agree on Christmas and Thanksgiving. The judge in our case said she would give me x-mas alternates if necessary later. I want alternate and she wants sole Christmas holidays. I want to know if I can legitimately object to the words "Primary Custody to Petitioner". I want 50/50 down the line in a couple of years and I do not want to hurt my chances later. My son is not yet 2 years old. We live 25 miles apart from each other.
1 Answer from Attorneys
Even if she as actual physical custody most of the time at this point, I would negotiate for language that says Joint Legal & Joint Physical custody. If the attorney doesn't agree, then I would state that the language should state, "Joint Legal & Physical custody, with the primary residence being with Petitioner". I would also continue to negotiate the holidays. Typically, the holidays are alternated.
BARRY BESSER
www.besserlaw.com
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