Legal Question in Family Law in California
I am recently separated and have our 5 yr old son staying in the house. The father cheated and when I came back from deployment left with his new girlfriend. I have taken care of our son for the full 5 years but those 12 days out to sea. I want sole custody of our child with the father getting visitation. The father thinks otherwise. I dont see how I am out of line with this considering he is living with this other girl who is not yet divorced with two kids in a 1 bedroom place. Am I asking for too much?
2 Answer from Attorneys
The courts focus is for the child to maintain or develop a parenting plan that allows for consistent contact between parent and child. Absent any special variables, the court would most likely support the parents sharing joint legal custody. Joint legal custody grants both parents the rights and obligations of jointly making health, education and welfare decisions for the child. Actual parenting time each parent has the child in their care largely depends on what is considered in the child's best interests.
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