Legal Question in Family Law in California
hi I have had my son 100% since the time he was born and his father has not been part of his life ever now that I have filed for child support he say he wants 50% custody of our son will the courts grant him any custody even if he has not been part of his sons life my son is 9.
4 Answers from Attorneys
Not 50%, but likely something in the 20 to 25% range for father, the courts want both parents to maintain parental relationships, especially father and boys, mother/daughter. Your ex wants 1/2 time just to reduce his child support payments in the future. People change their minds, it is worth discussing with him what he really wants.
It is extremely unlikely he will get 50/50 after being gone for 9 years, but as Mr. Tuann says, the courts favor children having relationships with both parents. I'm not sure where he gets a 20-25% figure. It is much more likely to be phased in when we are talking about a parent who has become a stranger to the child. You probably should at least have a consulting attorney on this, even if you don't want to retain one to represent you.
Yes, the father will most likely have a strep order along with possibly some reunification therapy. At first he may very likely even have supervised visits for a period of time. It would be beneficial for you to get legal counsel