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want custody of kids

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franco8

Junior Member
What is the name of your state? california. what i need to do to report that my wife left me with my kids? age 17,16,13, and 5.
i want to keep my kids and divorce her. do i need a lawyer, or can i file myself. i don't need her, but i want to make sure she dosen't come back. we own a house that we just bought, but she dosen't want anything. i care less about the house, i just want to win my kids in court. since she left me, can that helps me in court?
thank you, any advice will be appreciated.:confused:
 


S

spy_kittie

Guest
Your best bet is to get a lawyer, but you can file yourself. Go to the court house for the paperwork. From what I've read, she has abandon the children and you. This will definitely help your case when it comes to custody. I included the following information on awarding custody in California.


Joint or sole custody may be awarded based on the best interests of the child and the following factors: (1) the preference of the child, if the child is of sufficient age and capacity; (2) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent; (3) the child's health, safety, and welfare; (4) any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent; (5) the nature and amount of contact with both parents; and (6) any habitual and continued use of alcohol or illegal controlled substances.

Marital misconduct may also be considered.

Custody is awarded in the following order of preference: (1) to both parents jointly; (2) to either parent; (3) to the person in whose home the child has been living; or (4) to any other person deemed by the court suitable to provide adequate and proper care and guidance for the child.

However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
 

franco8

Junior Member
thanks for the advice spy_kittie

i thank you for the quick and good advice. my three oldest childrens want to live with me. the 5 yrs. old is too liitle to know what is going on. my wife never worked so i am willing to pay for alimony. she never help me with my kids. the childrens doctor have records that i always tooked them when they were sick. also i went to all the school meeting, and signed papers. my wife smoke cristal, and my kids saw her many times, this is the reason for our problems. but i know i can't prove it. i will go and get a lawyer to help me. thank you
 
S

spy_kittie

Guest
No problem. I would also check HERE for a listing of lawyers that will work for free if you qualify. You might want to check that out, too. :)
 

VG1013

Member
OP... hire the right lawyer, with the right experience, knowledge and training. This is the most important action that you can take. Without the right lawyer nothing seems to work out as well--no matter how much work you put into your case.

Although your wife abandoned you and the children, and the courts do take into consideration the best interest of the children. Most courts want BOTH parents in the children's lives. Getting sole custody will be hard if your wife doesn't agree to it, most courts award joint custody. If you can prove she is doing drugs...it may help your case. As far as your home is concerned, she may not want anything to do with it NOW...but once this goes to court, and she has a lawyer, things will change. This is why it's important to get a good lawyer who specializes in this field. In most cases, any lawyer who will work for free is not a good lawyer or lawyer at all...I know this from experience. Good luck! :)
 

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