Legal Question in Family Law in California

Would like to get 50% custody and visitation

I would like to get 50% custody of my son, right now I have no custody and no visitation. This is because I did not fight my wife for any of this. I was in jail on a domestic violence charge. After I got out; we lived together as man and wife (and my son) for 9 months. My (ex) finally decided that she ''loved'' someone else and we went our separate ways. I pay child support. She now refuses to allow me to see or speak with my son although I was with him for the past 9 months. I would like to try to get custody, at least 50%; less if necessary; and I would like legal visitation rights. Can you help? What should I do? What are my chances?


Asked on 7/09/03, 6:50 pm

4 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Would like to get 50% custody and visitation

You should undoubtedly get joint legal custody. The physical sharing of the child will be by a schedule developed by the court, with the assistance of family court services. 50/50 custody is rare, but possible, simply because work schedules generally do not allow that type of sharing. Move immediately on this otherwise a judge will assume that it was not a priority to you and that will weigh heavily against you in the custody hearing. Good Luck, Pat McCrary

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Answered on 7/10/03, 10:30 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Would like to get 50% custody and visitation

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 7/09/03, 7:44 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Would like to get 50% custody and visitation

if there is a court order in place that outlines custody and visitation issues you raise here, then your next step would be to retain a lawyer to help you file and prepare for what is called an OSC hearing, in which you can present your case and hopefully amend or modify the current court order that is in place. if you would like further assistance in this legal area, feel free to email me today with how you would like to proceed.

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Answered on 7/09/03, 7:45 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Would like to get 50% custody and visitation

You are entitled to visitation, if we can reach the 50% level depends upon several factors. The fact that she is keeping you from your son currently weighs in your favor. Call me directly at (619) 222-3504.

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Answered on 7/09/03, 9:15 pm


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