Legal Question in Family Law in California

Child Custody

I know that the courts tend to favour the mother in custody cases, but in what instanced does the father have a chance? I personally think that she is emotionally unstable, she attempted to kill herself about 3 years ago. Our son is 9 months old and divorce is innevitable. If custody is awarded to the mother, what type of arrangement would be offered to the father, if any? Or would it be strictly at the discretion of the mother? I'd get weekends, two weeks per month... what are the scenarios?

Asked on 1/08/06, 7:03 pm

2 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: Child Custody

The mother does not get to decide who will have custody and how much visitation will be allowed to the non-custodial parent.

You will need to do a very good job in presenting your case to the court. Demonstrate that you are the better parent and show how much time and effort you historically have put into raising the child. It would be helpful if you have sworn declarations from other non-interested people who can attest to your competency as a parent.

If you haven't already done so, you should start keeping a diary regarding all your participation in your child's life. This may be very helpful later.


Damian M. Nolan

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Answered on 1/10/06, 6:03 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Custody

Most court now favor both parents having substantial time with the child. Father has the best opportunity to be the primary custodial parent if he is highly involved in the child's care, and mother has a diffency in her parenting skills.

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Answered on 1/09/06, 12:44 am

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