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.


Asked on 1/07/12, 2:44 pm

4 Answers from Attorneys

Peter Tuann Law Office of Peter Tuann

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.

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Answered on 1/07/12, 3:41 pm

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.

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Answered on 1/07/12, 5:24 pm
Michael Schneider Family Law Center

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

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Answered on 1/07/12, 8:24 pm


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