Legal Question in Family Law in California

I am filing for Divorce in the state of California. I have one child, I would like to file for full custody, but know that my husband will fight me tooth and nail under the influence of his mother. I have a few writen incidents where he has come in my home and broken things, or locked me out of my house, he has stalked me and I have had him aressted for harrassing me. I have everything documented through the police, also we have documentation that he is mentally unstable. Will this help my case when I try to get full custody of my child? I want full custody, not joint custody.

Asked on 1/11/13, 1:56 pm

1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

I often see mothers make this accusation of the guy being mentally unstable when they file for divorce. Well so do Judges and Madam it is quite ordinary for couples who are divorcing to get angry and do things out of spite and emotions.

Madam, California is a no-fault state. All your documentation you have mentioned in your post, about how he treated you, it is unnecessary. Get a lawyer if you want anything other than joint custody, you're not doing it right and any forum post won't replace an attorney who has done it already.

Come up with a shared custody plan. After you file and he responds you'll go to mediation. Have something ready, propose it and get on with your lives.

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Answered on 1/11/13, 5:33 pm

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