Legal Question in Family Law in California
Custody
under what circumstances would a judge grant sole physical and legal custody to me. i have a 5 year old son, and the father does not want visitation or anything. he has not seen my son in 3 years. we have a custody hearing in 2 weeks, because i filed for it, and i was just wondering if the judge would grant me sole custody of my son since his father basically doesn't wast him. My sons father was abusive to my kids and me and even went to prison for it. I also have a restraining order against his new wife to protect my kids and i because she started harassing us and she kicked mt son.
2 Answers from Attorneys
Re: Custody
You have a good case, The judge will grant you the legal custody, as the father/your husband has not come to see his child, secondly he has been jailed for causing annoyance and harrassment to you. Better you highlight the harrassment in your case.Good luck.
Re: Custody
It is probable that the court will grant you sole legal and sole pysical custody as the father has not seen the child in three years and has shown no interest. But that opinion is from hearing only one side of the story. If father has no interest then he probably will not respond or appear at the hearing. Good Luck, Pat McCrary
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