Legal Question in Family Law in California
Father requested shared custody
I requested shared custody of my 8 years old son. The mother objected with allegations that both parents (she and I) don't get alone. However, is the mother who creates the problems and who never want to cooperate with me.
The Judge gave me visitation rights of every other weekend from Fridays after school to Tuesdays mornings. That means that from 15 days, I will have my son 4 days and the mother will have our son 11 days.
My son has never been separated from me for that long except for a few times when the mother took our son away longer than what she should had. We are very close, and I know this will be detrimental for both of us.
I had a very poor representation at the hearing. In fact, I was there because my attorney gave me very bad advice, but he didn't prepare for the hearing at all.
The other party (my ex-wife) had an excellent attorney.
I am looking for another attorney. I have interviewed two attorneys and they have both told me different things, so I am looking for a 3rd opinion.
One attorney said I should go back to court and request a reconsideration of the current order.
The second attorney told me that I should wait and collect enough evidence of an uncooperative mother. Can you help?
1 Answer from Attorneys
Re: Father requested shared custody
Both attorneys have different strategies. Both can work. However, you aren't giving enough information to tell you which strategy would work the best.
BTW, the only way the motin for reconsideration would work is if new information was discovered after the hearing that couldn't have been discovered in time for the hearing. It's not an easy motion.
So, if the information that you want to put before the court for reconsideration is information that could have been presented but your attorney just simply didn't present it, then the motion for reconsideration will fail.
However, you can always try it and see if the judge sees it your way. The problem with that is if it is denied, then you start to look like the parent that is the one who is causing problems.
Custody battles are very tricky.
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